HomeMy WebLinkAboutLetter to Kittitas County Commissioners_Hairpin Ranch_07052018FORT&RRA
July 5, 2018
Kittitas County
Board of Commissioners
205 W 5th AVE STE 108
Ellensburg WA 98926-2887
RE: Conservation Easement on Hairpin Ranch
Dear Commissioners Osiadacz, O'Brien and Jewell:
Thank you for working with Forterra in planning to cooperatively hold and
steward a conservation easement on Hairpin Ranch (owned by Brent and Mary
Minor). This conservation easement would permanently protect as ranch and
agricultural land nearly 30o acres just outside Ellensburg. We appreciate both
your previously signing the attached letter of support dated April 12, 2018, and
your votes at the June 11, 2018 Study Session approving the County's signing
onto as a grantee and co -holding the conservation easement (subject to the
County's review and approval of final easement terms). For your reference, I
have also attached a letter of intent to sell acknowledged by Brent and Mary
Minor.
As I noted at the Study Session, the County would play essentially the same role
as it currently does on Triple Creek Ranch: performing annual monitoring of the
easement property in consultation with Forterra and serving as a co -enforcer
(along with Forterra, the state Recreation and Conservation Office, and the
federal Natural Resource Conservation Service) in the event enforcement proves
necessary. However, unlike for Triple Creek Ranch, Forterra — not the County —
is serving as the eligible sponsor/lead entity for both the state and federal
easement grants for Hairpin Ranch. I also want to confirm via this letter that
Forterra is not asking the County to contribute any funds to the acquisition of the
easement. State Recreation and Conservation Office (RCO) and federal Natural
Resource Conservation Service (NRCS) funds and potentially a small landowner
donation will comprise the funding needed to acquire the easement.
In order to serve as a co-grantee/co-holder of the conservation easement and for
Forterra to submit a complete NRCS grant application by July 18, 2018, the
County must sign the attached Entity Application for an Agricultural Land
Easement (ALE) Agreement, at page 2, Section 7. Again, Forterra is serving as
the lead entity for the NRCS grant. While the County may need to sign an
additional document(s) as part of the state grant requirements, I am currently
clarifying such requirements with RCO, and the County can sign those
documents later if it proves necessary.
In the event our NRCS application is successful, Forterra will complete the due
diligence required under the RCO and NRCS grants, including without limitation
appraisal, title review and conservation easement drafting utilizing NRCS deed
terms. The purchase offer for the conservation easement will be based on fair
market value as determined by an appraisal completed in accordance with the
Uniform Standards for Professional Appraisal Practices. RCO and NRCS will
each have a third parry right of enforcement under the conservation easement.
Again, Forterra appreciates the County's willingness to partner with Forterra to
permanently conserve Hairpin Ranch as important ranch and agricultural land.
Should our NRCS application be successful, I will contact you regarding timeline
for completing the acquisition. Please call if you have any questions at all.
Sincerely,
Adam Draper
Forterra Corporate Counsel
(206) 905-6956
cc: Dan Carlson, Community Development Services Director
Lindsey Ozbolt, Planning Official
Hillary Wilson, Forterra Transactions Manager
2
April 9, 2018
Adam Draper
9015 th Ave, Suite 2200
Seattle, WA 98164
Dear Mr. Draper:
Kittitas County, Washington
BOARD of COUNTY COMMISSIONERS
District One
Paul Jewell
District TWO
Laura. Osiadacz
District Three
Obie O'Brien
Kittitas County strongly supports Forterra's efforts to conserve working farmland in the Kittitas
Valley. We are glad to hear Forterra has not given up on conserving Hairpin Ranch (also known
as Rader Road Ranch), and we encourage your submission of another grant application to the
WA State Recreation and Conservation Office's Farmland Preservation Program this year.
Kittitas County believes that one way to maintain the rural character and way of life in our
County is by securing permanent conservation easements in partnership with voluntary
landowners. As you know, we have a strong right to farm ordinance, a transfer of development
rights program that specifically supports farmland, and a primary planning role within the
Yakima Basin Integrated Plan that, among many goals, aims to increase irrigation storage and
efficiencies and otherwise support farmers and families in the Yakima Basin.
Securing a conservation easement on Hairpin Ranch will have far-reaching consequences for our
community. The landowners are a well-respected rodeo family who has owned the land for
decades and their commitment to cattle ranching and the local farming community is exemplary.
The ranch, located on upper Naneum Creek, contains the largest stretch of creek frontage in the
entire watershed and is one of the largest contiguous ownerships in the area.
If Forterra is unable to purchase a conservation easement from the owners, they may need to sell
several parcels to ensure the long-term viability of the ranch. Protecting this ranch will be a big
win for the future of fanning and ranching in Kittitas County.
Thank you for your efforts to conserve this strategic property and advocate for working and
resource lands in our County. We wish you the best of luck in your grant application.
Sincerely,
§aOS1ac`
Chairman
Obic O'Brien
Vice -Chairman
Pau . ell
Commissioner
KITTITAS COUNTY COURTHOUSE • 205 WEST 5`', sUITE 108 • ELLENSBURO, WA 98926
(509) 962-7508 . FAX(509)962-7679
www.co.kittitas.wa.us
July 2, 2018
Brent and Mary Minor
800i Naneum Road
Ellensburg, WA 98926
RE: Intent to Purchase a Conservation Easement on Hairpin Ranch
Dear Brent and Mary:
Thank you for working with Forterra over the past several years to conserve your wonderful
ranch!
Please consider this letter formal notice of Forterra's intent to purchase a conservation easement
over approximately 285 acres of your working ranch in Ellensburg, with the easement area
generally shown on the attached map. As you know, as of the date of this letter Forterra 1) has
secured partial funding for the easement purchase from the Washington State Recreation and
Conservation Office (RCO); and 2) intends to submit by July 18, 2ox8 an application for
additional funding to the USDA -Natural Resource Conservation Services (NRCS)' Agricultural
Conservation Easement Program. Funding for this project would come from a larger overall
grant issued by the Regional Conservation Partnership Program for the "Yakima Integrated
Plan- Toppenish To Teanaway" project.
In the event our application is successful, Forterra will complete the due diligence required
under the state and federal grant sources, including without limitation appraisal, title review
and conservation easement drafting utilizing the minimum NRCS deed terms which you have
already reviewed. The purchase offer for the conservation easement will be based on an
appraisal and review appraisal completed by qualified third parties in accordance with the
Uniform Standards for Professional Appraisal Practices or more stringent standards as may be
required by the funding sources. As you know, Forterra intends that Kittitas County will co -hold
the conservation easement with Forterra. RCO and NRCS will each have a third party right of
enforcement under the conservation easement.
By your signatures below, you acknowledge receipt of and tentatively agree to — pending
determination of the appraised value of the conservation easement — this offer to purchase a
conservation easement over the majority of Hairpin Ranch. Should our NRCS application be
901 STH AVENUE SUITE 2200 1 SEATTLE, WA 98164 FORTERRA.ORG INFOOFORTERRA.ORG T. 206.292.5907 1 F. 206.292.4765
suceessfifl, I wiH contact you regarding the award and a timeline for completing the acquisition.
As always, if you have any questions at all please feel free to contact me.
Sincerely,
Adam Draper
Corporate Counsel
(206) 905-6956
I hereby acknowledge receipt and preliminary approval of this tentative offer.
Brent Minor, Owner
Mary , owner
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