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HomeMy WebLinkAboutDA-15-00001 Palomino Fields DA Amendment 2_RESOLUTION_unsigned 1 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR PALOMINO FIELDS PLAT BY AND BETWEEN KITTITAS COUNTY, WASHINGTON, CLE ELUM PINES EAST LLC, AND CLE ELUM PINES WEST LLC RESOLUTION NO. 2018-_________ WHEREAS, the Kittitas County Board of County Commissioners approved the Development Agreement for Palomino Fields Plat (DA-15-00001) with Resolution 2016-073 on June 7, 2016; and WHEREAS, the Kittitas County Board of County Commissioners approved a revised Phasing Plan to allow for flexibility to maximize site soil conditions addressing treatment and disposal of improved site stormwater runoff by amending the approved Development Agreement for Palomino Fields Plat with Resolution 2017-081 on May 2, 2017; and WHEREAS, since recording of the amended Palomino Fields Development Agreement, it was discovered that a number of scrivener errors existed in the document and that clarification was necessary regarding lot configurations and public and private road standards to ensure consistency with the previous approvals for the Palomino Fields Plat (Res. No. 2008-160, Res. No. 206-073, and Res. No. 2017-081); and WHEREAS, Community Development Services supports the clarification and scrivener error changes provided in the Second Amendment to the Development Agreement for Palomino Fields as follows: 1. Item G and H were added to the Recitals section to reference the previously approved development agreement resolutions, 2. Item L in the Recitals section was amended to explain why this second amendment to the development agreement is necessary, 3. Item 3.2 in the Agreement section was amended to clarify that density may be moved or reconfigured consistent with the previously approved resolutions for the Palomino Fields Plat, 4. Item 6 in the Agreement section was amended to clarify that public or private roads may be utilized pursuant to the requirements of the Kittitas County Road Standards, 5. Item 10 in the Agreement section clarifies flexibility with the order of the phasing plan to meet the intent of Resolution 2017-081, 6. Items 11.4 and 11.7 in the Agreement section was amended to clarify that public or private 2 roads may be utilized pursuant to the requirements of the Kittitas County Road Standards; and NOW, THEREFORE BE IT HEREBY RESOLVED that the Kittitas County Board of Commissioners hereby grants approval of the Second Amendment to the Development Agreement for Palomino Fields as attached to correct scrivener errors and provide clarification regarding lot configurations and public and private road standards to ensure consistency for the Palomino Fields Plat. DATED this 17th day of April , 2018 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Obie O’Brien, Vice Chairman Paul Jewell, Commissioner ATTEST: APPROVED AS TO FORM: ☐ Clerk of the Board- Julie Kjorsvik  ☐ Deputy Clerk of the Board- Mandy Buchholz  Greg Zempel WSBA #19125