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HomeMy WebLinkAbout2020-05-26-minutes-cds-study-sessionKITTITAS COUNTY CDS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM May 26, 2020 Board members present: Chairman Brett Wachsmith, Vice -Chairman Cory Wright, and Laura Osiadacz Others: Lindsey Ozbolt (CDS)and Dan Carlson (CDS) Meeting was called to order at 1:30 pm CDS Operations Update Director Carlson gave a brief overview on CDS operations. Building inspections are currently conducting 25-30 inspections daily. Planners, Plans Examiners, and Code Enforcement are all working from home and the Fire Marshals office have resumed fire life safety inspections. The Pat Nicholson, Fire Marshal is currently working with the Fire Chiefs to set an early burn ban- -- no date has been set. Fire Marshal Nicholson will continue to monitor the fire risks. 2020 Docket Discussion According to the Growth Management Act and the Kittitas County Code you are not allowed to update the comprehensive plan more than once per year, however you are not required to update at all if the department choses. Director Carlson asked the Board of the County Commissioners how many docket items they should bring forward due to the current situation. SMP Grant Planning Official, Lindsey Ozbolt stated that the Long Range Planner, Bridget has been reviewing the Shoreline Master Program which is due for update by June 2021. Bridget has worked her way through the preliminary checklist and is pleased to report that there are minimal changes. The Planning Department has the opportunity to apply for a grant from the Department of Ecology. The grant is in the amount of $84,000 and would help with the cost to update the Shoreline Master Program. One of the requirements of the grant is that there be a public participation plan, with the current times the participation plan has been edited to allow more information to be released to the public digitally. 2020-5-26 MINUTES 1 Long Range Planning Priorities Director Carlson provided an update of some of the Long Range Planning priorities. Some of which include the Shoreline Master Program which is still on track to meet the deadline of June 30, 2021. The Critical Areas Ordinance is currently under review by our consultants and will move forward to public hearing once public hearings are allowed. The Capital Improvement Program is outdated and is due for an update. Director Carlson is exploring virtual options for Department Heads to input their facilities information. He will work with IT to find a solution and report back to the board. Previously, Director Carlson briefed the board with a GIS predicted model. The project would predict certain variables to determine how the County would grow in the future. The Board of County Commissioners gave direction to have the Long Range Planner create a plan of succession with goals and deadlines. Hairpin Ranch Conservation Easement Planning Official, Lindsey Ozbolt presented to the Board of County Commissioners associated documents with the Hairpin Ranch Conservation Easement. This will be the second ever conservation easement the county has been involved with. The County does not have any upfront financial responsibility however would be responsible to conduct an annual inspection report that would need to be sent to Forterra. Board Chair Wachsmith moved to approve Hairpin Ranch Conservation Easement and all associated documents as presented. Commissioner Osiadacz seconds motion. Motion passes 3-0. The meeting was adjourned 2:05 p.m. lvana Carper 2020-5-26 MINUTES 2 KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman KITTITAS COUNTY COMMISSIONERS CDS Study Session Special Meeting Tuesday May 26, 2020 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. CDS Operations Update 3. 2020 Annual Docket Discussion 4. Shoreline Master Program (SMP) Grant and Status Update 5. SMP Public Participation Plan 6. Long Range Planning Priorities Discussion 7. Hairpin Ranch Conservation Easement and Associated Documents 8. Other Business 9. Adjourn 10. Public comment is not accepted during this meeting. In-person attendance is currently prohibited per the Washington Governor's Proclamation No. 20-28 until May 31, 2020. The meeting can be joined by Call in Number 1-408-418-9388 and Access Code 962 905 142 Created on 5/21/2020 5:52:16 PM BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2020 - WASHINGTON WILDLIFE AND RECREATION PROGRAM FARMLAND PRESERVATION A RESOLUTION AUTHORIZING BOARD OF COUNTY COMMISSIONERS CHAIR AND/OR FULL BOARD SIGNATURE ON ESCROW DOCUMENTS, SETTLEMENT STATEMENT, TITLE DOCUMENTS, REETA, AND CONSERVATION EASEMENT FOR ACQUISITION OF INTEREST IN REAL PROPERTY FOR FARMLAND PRESERVATION, AS PROVIDED IN CHAPTER 79A.15 RCW KITTITAS COUNTY AND FORTERRA HAIRPIN RANCH (AKA RADER ROAD RANCH) PROJECT WHEREAS, under the provisions of Washington Wildlife and Recreation Project (WWRP), state funding assistance is requested to aid in financing the cost of land acquisition and preservation of farmland; and WHEREAS, our organization considers it in the best public interest to complete the acquisition project described in the application; and WHEREAS, the submitted application refers to the Hairpin Ranch Project; and WHEREAS, the acquisition involves a co -holding of a conservation easement between Kittitas County and Forterra; and WHEREAS, the application is for acquisition of approximately 276 acres; and WHEREAS, any fund assistance received shall be used for implementation of the project referenced above; and WHEREAS, our agency hereby certifies that its share ofproject funding, specifically the annual inspection of the property, is committed and will be derived as referenced in the project application; and WHEREAS, Kittitas County acknowledges that any property acquired with RCO financial aid must be preserved for actual or potential agricultural use and be retained for such potential or actual use in perpetuity unless a term of not less than 25 years from the date of acquisition has been agreed to by the our organization and RCO; and WHEREAS, opportunity for public comment on this application has been provided through the RCO process; and WHEREAS, Kittitas County Board of County Commissioners did sign the project agreement on September 3, 2019 with Resolution No. 2019-135; and WHEREAS, all parties signed the Purchase and Sale Agreement on January 21, 2020 through Resolution No. 2020-014; and WHEREAS, the last step in this process is for all parties signatures on the Conservation Easement, Title Documents, REETA, and Escrow documents; and NOW THEREFORE, BE IT RESOLVED the Kittitas County Board of County Commissioners, after due deliberation and in the best interest of the public, does hereby authorize Board Chair and or full Board signature on the Conservation Easement, Title Documents, REETA, and Escrow documents for the Hairpin Ranch Acquisition. DATED this day of , 2020 at Ellensburg, Washington. ATTEST: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice -Chairman Cory Wright, Commissioner APPROVED AS TO FORM: ❑ Deputy Clerk of the Board- Mandy Buchholz Neil Caulkins, Deputy Prosecuting Attorney 2 AFTER RECORDING RETURN TO: Forterra NW 901 5th Avenue, Suite 2200 Seattle, WA 98164 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): Deed of Agricultural Conservation Easement Reference Number(s) of Documents assigned or released: Additional reference numbers on page(s) of document. Grantor(s) (Last name, first name, initials) 1. Minor, Brent 2. Minor Mary Grantee(s) (Last name first, then first name and initials) 1. Kittitas County (Grantee) 2. Forterra NW (Co -Grantee) Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Parcel 5, Book 34, pgs 42-43; ptn SE Quarter Section 8, Township 18N, Range 19E, W.M.; AND Parcels A, B, C, and D, Book 34, pgs 78-79; ptn SW Quarter Section 9, Township 18N, Range 19E, W.M.; AND Parcels S1, S2, S3, S4, and S5, Book 34, pgs 82-83; ptn W Half Section 9, Township 18N, Range 19E, W.M.; AND Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W, Book 34, pgs 89-90; ptn SW Quarter Section 9, Township 18N, Range 19E, W.M.; AND Parcels 1E, 2E, 3E, 4E, 5E, 6E, and 7E, Book 34, pgs 93-94; ptn W Half Section 9, Township 18N, Range 19E, W.M.; Parcels 1, 2, 3, 4, 5, 6, 7, and 8, Book 34, pgs 95-96; ptn SW Quarter Section 9, Township 18N, Range 19E, W.M.; Parcels A, B, C, D and E, Book 34, pgs 106-107; ptn W Half Section 9, Township 18N, Range 19E, W.M. ❑x Additional le al description is on Exhibit A. Assessor's Property Tag Parcel/Account Number ❑ Assessor Tax # not yet assigned 194234, 953195, 953203, 931036, 953202, 953204, 14796, 953196, 953205, 953197, 953218, 953219, 953198, 953199, 953221, 953220, 953201, 953200, 953222, 953223, 953206, 953189, 953190, 953225, 953224, 953207, 953208, 953209, 953210, 953191, 953192, 953193, 953211, 953212, 953213, 953214, and 18040 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verifv the accuracy or completeness of the indexin- information provided herein. DEED OF AGRICULTURAL CONSERVATION EASEMENT This DEED OF AGRICULTURAL CONSERVATION EASEMENT ("Easement") is made by Brent Minor and Mary Minor, a married couple, (collectively, "Grantor"), having an address of 8001 Naneum Road, Ellensburg, WA 98926, in favor of the County of Kittitas, a political subdivision of the State of Washington ("County" or "Grantee"), having an administrative office address of 205 West 5t' Ave., Ellensburg, WA 98926; and Forterra NW, a Washington nonprofit corporation ("Forterm" or "Co -Grantee"), having an address of 9015' Avenue, Suite 2200, Seattle, WA 98164. Grantor and Co -Grantee may be referred to herein individually as a "Party" and collectively as the "Parties" or "Co -Grantees." The following third party beneficiaries (individually a "Beneficiary" and collectively, the "Beneficiaries") have certain rights hereunder, including third party right of enforcement: The United States of America (the United States), acting by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") on behalf of the Commodity Credit Corporation ("CCC") and the State of Washington, by and through the Washington State Recreation and Conservation Office ("RCO"). 1. RECITALS 1.1. Grantor is the owner in fee simple of the certain real property (hereinafter, "Protected Property") located in Ellensburg, Kittitas County, Washington, more particularly described in Exhibit "A" ("Legal Description") and shown on Exhibit `B" ("Site Map"), which are attached to this instrument and incorporated herein by this reference. The Protected Property consists of approximately 274 acres in 37 parcels, and is commonly known as "Hairpin Ranch." 1.2. The Protected Property possesses significant agricultural values of great importance to Grantor, Co -Grantee, the people of Kittitas County, and the people of the State of Washington (collectively, "Agricultural Conservation Values"). The Agricultural Conservation Values include, without limitation, existing and potential economic productivity, the viability of the site for continued agricultural production, including farm -to -market access, proximity to roads and utilities, and water availability. Permanent protection of the Protected Property will further the purposes of the Washington State Farm and Forest Account (FFA) established under RCW 79A.15.130, which provides that moneys appropriated to the FFA "must be distributed for the acquisition and preservation of farmlands and forestlands in order to maintain the opportunity for agricultural and forest management activity upon these lands." The legislatively declared policies of the State of Washington in the Washington State Open Space Tax Act, Chapter 84.34 RCW ("OSTA"), provide that "it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crop, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well being of the state and its citizens." Under the OSTA, lands eligible for preferential real -2- property tax treatment include lands such as the subject Protected Property where the preservation in its present use would conserve and enhance natural resources and promote conservation of soils. As of the Effective Date, the Protected Property is classified by Kittitas County's Assessor's office as farm and agricultural land (as such term is defined in the OSTA). Pursuant to such classification, the Protected Property receives preferential real property tax treatment in accordance with the OSTA. It is the intent of all Parties that the Protected Property shall be maintained in a manner that allows it to remain eligible for designation as farm and agricultural land under the OSTA during the term of this Easement. It is the intent of all parties that the Agricultural Conservation Values of this Easement shall be primary and the habitat or other conservation values shall be secondary. 1.3. The Protected Property consists primarily of working farm and grazing land (as defined in RCW §79A.15.010(4)) the soils which have been classified prime farmland by the NRCS due to the soil quality, growing season, and moisture supply as needed for sustained agricultural production. 1.4. The Protected Property is irrigated via flood irrigation utilizing water rights associated with the Kittitas Reclamation District and also via a portion of water rights associated with the Naneum Creek system that runs through the Protected Property. 1.5. The Agricultural Conservation Values are documented in an inventory of relevant features of the Protected Property on file at the offices of Grantee and Co -Grantee and incorporated herein by this reference ("Baseline Documentation"). The Baseline Documentation consists of reports, maps, photographs, and other documentation that provide, collectively, an accurate representation of the Protected Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Parties acknowledge that the Baseline Documentation is complete and accurate as of the date of this Easement. The Baseline Documentation may be used to establish that a change in the use or condition of the Protected Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Protected Property as of the date of this Easement. Grantee and/or Co -Grantee may use the Baseline Documentation in enforcing provisions of this Easement, but are not limited to the use of the Baseline Documentation to show a change in the use or condition of the Protected Property. 1.6. This Easement is acquired in part with funds provided under the Agricultural Conservation Easement Program (ACEP) 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, administered by and through NRCS for the purpose of protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses of the Protected Property pursuant to that certain cooperative agreement (#N5319ALE00100132) between NRCS and Co -Grantee dated September 26„ 2019 ("United States Grant Agreement"). NRCS is a third -party beneficiary of certain rights under this Easement. -3- 1.7. This Easement is acquired in part with a grant from RCO pursuant to that certain grant agreement (#16-1634A) between RCO and Grantee and Co -Grantee dated July 15, 2019 ("RCO Grant Agreement"). RCO is a third -parry beneficiary of certain rights under this Easement. 1.8. Forterra is a Washington nonprofit nature conservancy corporation or association authorized to acquire and hold conservation easement interests under RCW §64.04.130 and RCW §84.34.210. 1.9. County is authorized to acquire and hold conservation easement interests under RCW §64.04.130 and RCW §84.34.210. 1.10. Grantor is the holder of water rights from the Kittitas Reclamation District in a quantity up to 990 acre-feet per year for irrigation (the "KRD Water"), and is also the owner of a water right dating from 1882 evidenced by a water right certificate stating a quantity of up to 575 acre-feet per year for irrigation (the "Certificate"). The Parties agree that, in order to maintain the opportunity for agricultural activity upon the Protected Property pursuant to RCW §79A.15.130(1), it is appropriate to include in this Easement all of the KRD Water and the first 372 acre-feet per year legally and physically available under the Certificate, as collectively described in Exhibit "D" attached to this instrument and incorporated herein by this reference (the "Dedicated Water Rights"). The balance of the authorized quantity under the Certificate is not subject to this Easement, nor are any other water rights which Grantor may hold. 1.11. The Parties intend that the Agricultural Conservation Values be preserved and maintained in perpetuity by permitting only those land uses on the Protected Property that do not impair or interfere with the Agricultural Conservation Values. 1.12. Grantor, as owner of the Protected Property, has the right to protect and preserve the Agricultural Conservation Values, and desires and intends to transfer such rights to Co - Grantees in perpetuity, commencing on the Effective Date of this Easement. 2. CONVEYANCE AND CONSIDERATION 2.1. For the reasons stated above, and in consideration of the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of Washington and in particular RCW §64.04.130 and RCW §84.34.210, Grantor hereby voluntarily grants, conveys and warrants, for valuable consideration, the receipt of which is acknowledged hereby, to Grantee and Co -Grantee a conservation easement in gross in perpetuity over the Protected Property consisting of the rights in the Protected Property, hereinafter enumerated, subject only to the title matters set forth in Exhibit E (Permitted Exceptions), which is attached to this instrument and incorporated herein by this reference. -4- 2.2. This conveyance is a conveyance of an interest in real property under the provisions of RCW §64.04.130. 2.3. Grantor expressly intends that this Easement runs with the land and that this Easement shall be binding upon Grantor's, Grantee's, and Co -Grantee's successors and assigns in perpetuity. 3. PURPOSE 3.1. Purpose. The Purpose of this Easement is to protect the Agricultural Conservation Values of the Protected Property forever and prevent any use of the Protected Property that will impair or interfere with its Agricultural Conservation Values, thereby maintaining the opportunity for agricultural activity upon the Protected Property pursuant to RCW §79A.15.130(1). 3.2. Stewardship Plan. To further the Purpose of this Easement, the Grantee and/or Co - Grantee may develop a plan for stewardship of the Protected Property (the "Stewardship Plan") consistent with this Easement. 3.3. Interpretation of the Easement 3.3.1. The Parties intend that this Easement be interpreted in a manner consistent with its Purpose. 3.3.2. The Parties intend that this Easement be interpreted to confine the Grantor's use of the Protected Property to such activities that are consistent with the Purpose and terms of this Easement. At the same time, the Parties intend, and this Easement is structured, to give Grantor maximum flexibility and discretion to undertake activities that are consistent with the Purpose and terms of this Easement. 3.4. No Public Rights Conveyed Through Easement. The Parties acknowledge that, except as specifically provided herein, Grantor does not grant, expand or extend any rights to the general public through this Easement, including without limitation, any rights of public access to, on or across, or public use of, the Protected Property. 4. RIGHTS CONVEYED TO GRANTEE AND CO -GRANTEE To accomplish the Purpose of this Easement, the following rights are conveyed to Grantee by this Easement: -5- 4.1. Protection. Grantee shall have the right to identify, protect, preserve, maintain and conserve in perpetuity and to enhance, restore, or improve by mutual agreement the Agricultural Conservation Values of the Protected Property. 4.2. Access by Grantee. As provided for and limited herein, Grantor hereby grants to Grantee reasonable and non-exclusive access at reasonable times across the Protected Property solely for the purposes of fulfilling Grantee's obligations under this Easement and exercising its affirmative rights under this Easement. Specifically, Grantee shall have the right: 4.2.1. To enter upon, inspect, observe and study the Protected Property, with such persons as Grantee may require, at mutually agreeable dates and times and upon reasonable prior notice to the Grantor, for the purpose of (a) identifying the current uses and practices on the Protected Property and the condition of the Protected Property, and (b) monitoring the uses and activities on the Protected Property to determine whether they are consistent with this Easement. 4.2.2. To enter upon the Protected Property, at a mutually agreeable date and time and upon reasonable prior notice to Grantor, to inspect the Protected Property after major natural events occur, such as fires, windstorms, and floods. 4.2.3. To enter upon the Protected Property at such other times as are necessary if there is reason to believe that a violation of the Easement is occurring, for the purposes of enforcing the provisions of this Easement. Prior to entry, Grantee must provide Grantor notice, and describe the basis of the reasonable belief that a violation is occurring on the Protected Property. 4.2.4. Grantee shall exercise its access rights in compliance with applicable law and in a manner that will not materially disturb or interfere with Grantor's reserved rights, any other person's lawful use of the Protected Property, or Grantor's quiet enjoyment of the Protected Property. 4.2.5. Grantor shall not unreasonably withhold or delay its consent to dates and times of access proposed by Grantee. 4.3. Development Rights. Grantor hereby grants to Grantee all development rights (i.e., any interest in and the right to use or subdivide a lot for any and all residential, commercial, and industrial purposes) that are now or hereafter allocated to, implied, reserved or inherent in the Protected Property except as specifically reserved herein, and the Parties agree that such rights may not be used on or transferred off of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or (except as expressly permitted herein) used for the purpose of calculating permissible lot yield or density of the Protected Property or any other property. 0 4.4. Injunction and Restoration. Grantee shall have the right to prevent, or cause Grantor to prevent, any use of, or activity on, the Protected Property that is inconsistent with the Purpose and terms of this Easement, including trespasses by members of the public, and shall have the right to undertake or cause to be undertaken the restoration of such areas or features of the Protected Property as may be materially damaged by activities contrary to the provisions hereof, all in accordance with Section 9. 4.5. Enforcement. Grantee shall have the right to enforce the terms of this Easement, in accordance with Sections 8 and 9. 4.6. Assignment. Grantee shall have the right to assign, convey, or otherwise transfer its respective interest in the Protected Property in accordance with Section 13. 4.7. Signage. [Intentionally omitted.] 4.8. Co -Grantee: To accomplish the purpose of this Easement the rights conveyed to Grantee by this Section 4 are also conveyed to Co -Grantee by this Easement. The limitations imposed by this Section 4 on Grantee's exercise of such rights shall also apply to Co -Grantee's exercise of such rights. 5. PERMITTED USES 5.1. General. Grantor reserves for itself and its successors and assigns, any and all rights not otherwise conveyed to Grantee and Co -Grantee under this Easement and any and all uses of, or activities on, the Protected Property that are not inconsistent with the Purpose and terms of this Easement, and that are not prohibited herein. Without limiting the generality of the foregoing, Grantor specifically reserves for itself and its successors and assigns the following uses and activities, which shall be considered permitted uses and activities under the Easement. 5.2. Agricultural Activities. Grantor may engage in, and allow others to engage in, Agricultural Activities (as defined below) on the Protected Property, as further provided for and limited in this Section and in Section 6. 5.2.1. As used herein, "Agricultural Activities" shall mean the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, including but not limited to crops commonly found in the community surrounding the Protected Property, field crops, fruits, vegetables, horticultural specialties, livestock or livestock products, or the commercial production of berries, grain, hay, straw, seed, or Christmas trees not subject to the excise tax imposed by RCW §§84.33.100 through 84.33.140, and all conditions and activities occurring on a farm in connection with such commercial production, including, but not limited to, marketed produce at roadside stands or farm -7- markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural purposes; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; and construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses. 5.2.2. Agricultural Activities shall also include such "Accessory Uses," as defined as of the Effective Date of this Easement in RCW §36.70A.177(3)(b), that are related to the permitted Agricultural Activities on the Protected Property, that maintain the primacy of, and are subordinate to, the farmland character and use of the Protected Property, that are compatible with the Agricultural Conservation Values, and that provide supplemental income. 5.2.3. All Agricultural Activities shall be carried out in accordance with applicable law and in compliance with the Purpose and terms of this Easement. Grantor retains discretion over the specific character and content of the management decisions and practices necessary to identify, protect, preserve, maintain and conserve in perpetuity and to enhance, restore, or improve the Agricultural Conservation Values consistent with the Purpose and terms of this Easement. 5.3. Stewardship Activities. Grantor may engage in, and allow others to engage in, any activity to monitor, protect and maintain the Agricultural Conservation Values with prior written notice to and consent of Grantee and pursuant to any Stewardship Plan that may cover the Protected Property and agreed to by the parties to the Stewardship Plan. 5.4. Maintenance and Construction of Buildings and Other Structures 5.4.1. Maintenance of Existing Structures. Grantor may maintain, repair, replace or decommission structures, houses, barns, water -pollution -control facilities, water impoundments, fences, corrals, roads, ditches, sloughs, pumps, levees, and other permanent improvements ("Improvements") existing on the Protected Property as of the Effective Date of this Easement, provided that such activities related to existing Improvements are carried out in compliance with the Purpose and terms of this Easement, including the impervious surface limitations provided for in Section 6.6.1. Such Improvements shall include utility systems that support the Improvements, including, without limitation, electric power lines, septic systems, water storage and delivery systems, and telephone and communication cable systems. N 5.4.2. Construction of New Structures and Expansion of Existing Structures. Grantor may construct additional Improvements not existing as of the Effective Date of this Easement and may expand or enlarge Improvements existing on the Protected Property as of the Effective Date of this Easement provided those structures and improvements are located within the Building Envelopes (as defined below in Section 6.6.2), are in compliance with the Purpose and terms of this Easement, and are subject to the impervious surface limitations and restrictions on new Improvements provided for in Section 6.6. 5.4.3. Reservation of Dwelling Units. Grantor reserves the right to use, maintain, repair, replace, expand and/or enlarge existing single-family dwelling units and to construct new single-family dwelling units within the Building Envelopes on the Protected Property (collectively, the "Dwelling Units"), subject to applicable government rules and regulations and subject to the impervious surface limitations and restrictions on new Improvements provided for in Section 6.6, for the sole purpose of accommodating the Grantors and their successors in interest to the Land or any portion thereof, the farm operator(s), and/or the families of such persons, or for accommodating agricultural employees of the owner(s) or operator(s) and their families. No more than three (3) Dwelling Units in total will be permitted at any one time on the Protected Property and all must be located within the Building Envelopes. As of the Effective Date of this Easement, Grantor utilizes two (2) buildings as Dwelling Units: Grantor's primary house and a pump/well house. At such time as the pump/well house is no longer used for dwelling purposes it will not be considered a Dwelling Unit for purposes of this Easement. 5.5. Water Rights. The Parties agree that the Dedicated Water Rights must be maintained on the Property to ensure the protection of the Agricultural Conservation Values. Grantor may exercise the Dedicated Water Rights by putting them to any beneficial use that is not inconsistent with the Purpose and terms of this Easement, and that is not prohibited herein. Grantor may maintain, repair, and if destroyed, reconstruct or replace any existing facilities relating to the Dedicated Water Rights (such as ditches, wells and reservoirs) with notice to Grantee as provided for in Section 7, provided that such activities are carried out in compliance with the Purpose and terms of this Easement. 5.6. Recreational or Educational Use. Grantor may engage in, and allow others to engage in, recreation or educational activities on the Protected Property. Recreational uses are limited to uses such as hiking, fishing, horseback riding, and other forms of recreation that do not require site modification to accommodate motorized, mechanical or electronic accessories. All forms of developed recreation or recreation that adversely impact the Agricultural Conservation Values are prohibited. All recreational and educational activities on the Protected Property shall be carried out in compliance with the Purpose and terms of this Easement, and in a manner that M maintains the primacy of, and remains subordinate to, the farmland character and use of the Protected Property. 5.7. Forestry Use: Grantor may remove trees from the Protected Property when required for safety, fire protection, salvage purposes, pest control, disease control, restoration, domestic use, or as necessary to benefit Agricultural Activities (the "Forestry Activities"). All Forestry Activities on the Protected Property shall be carried out in compliance with the Purpose and terms of this Easement. Grantor shall not engage in or permit any Forestry Activities that would preclude the opportunity for agricultural activity upon the Protected Property. The provisions of this Section 5.7 shall not apply to the commercial production of Christmas trees not subject to the excise tax imposed by RCW §§84.33.100 through 84.33.140. 5.8. Emergencies: Grantor may undertake any activities that are necessary to protect health or safety or prevent significant property damage on the Protected Property or are required by and subject to compulsion of any governmental agency; provided, however, that Grantor shall first reasonably attempt to notify Grantee and Co -Grantee prior to taking such action. If Grantee and Co -Grantee cannot provide consent, with or without conditions, within such time as is reasonable under the circumstances, Grantor may proceed with such action without consent. 6. PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES 6.1. General. Any use of, or activity on, the Protected Property inconsistent with the Purpose or other terms of the Easement is prohibited, and Grantor acknowledges and agrees that it will not conduct, engage in, or permit any such use or activity. Without limiting the generality of the foregoing, and except as permitted in Section 5 above, the following uses of, or activities on, the Protected Property are either (a) inconsistent with the Agricultural Conservation Values and Purpose of this Easement and prohibited herein or (b) limited as provided herein to make such uses or activities consistent with the Agricultural Conservation Values and Purpose of this Easement. 6.2. No Conversion to Incompatible Uses. Grantor shall not convert the Protected Property to industrial or suburban/residential development or to any other use that is incompatible with maintaining the opportunity for agricultural activity on the Protected Property. 6.3. Limitations on Subdivision. The Protected Property may not be further divided, partitioned, or subdivided beyond the current configuration, as generally depicted on the Site Map attached hereto as Exhibit `B". -10- 6.4. Water Rights 6.4.1 In furtherance of the Purpose of this Easement, Grantor shall cooperate with Grantee and Co -Grantee to help assure the maintenance of the Dedicated Water Rights. 6.4.2 Except as expressly provided in this section, Grantor shall not transfer, encumber, sell, lease or otherwise separate the Dedicated Water Rights from the Protected Property. 6.4.3 Grantor shall not abandon, relinquish or otherwise lose or forfeit, by action or inaction, any of the Dedicated Water Rights. 6.4.4 Grantor shall take affirmative actions to avoid such abandonment, relinquishment, loss or forfeiture, including but not limited to the following: i) exercising the Dedicated Water Rights by putting them to beneficial use in accordance with RCW §90.14; ii) seeking to place or enroll the Dedicated Water Rights in the Washington State trust water rights program on a temporary basis, provided that any acquisition of the Dedicated Water Rights by the State shall be expressly conditioned to limit its use to instream purposes and its duration to a term no longer than 10 years; and/or (iii) seeking to lease the Dedicated Water Rights for use on land other than the Protected Property for a term no longer than 10 years, with prior written notice to and consent of Grantee and notice to Co -Grantee, after obtaining approval in accordance with RCW §§90.03.380, 90.03.383, 90.03.390, or 90.44.100 for a temporary transfer or change of the Water Rights; provided, however, that any such lease shall require the lessee to make beneficial use of the Dedicated Water Rights in accordance with RCW §90.14 and for Agricultural Activities only (collectively "Water Rights Maintenance Actions"). If Grantor is unable to take one or more of the Water Rights Maintenance Actions and the Dedicated Water Rights are under threat of abandonment, relinquishment, loss or forfeiture, Grantor shall convey ownership of said rights to the State Water Rights Trust Program on a temporary basis as defined in 6.10.4 (ii) in order to avoid relinquishment and allow the rights to be withdrawn at the request of the Grantor, Grantee or Co -Grantee in order to maintain the opportunity for agricultural activity on the Protected Property. 6.4.5 Any relinquishment, loss or forfeiture of the Dedicated Water Rights shall not be deemed or construed to be a waiver of Grantee or Co -Grantee's rights under this Easement or to defeat the Purpose of this Easement, and shall not otherwise impair the validity of this Easement or limit its enforceability in any way. -11- 6.5. Limitations on Agricultural Use. 6.5.1. The establishment or maintenance of a commercial feedlot is prohibited. For purposes of this Easement, a commercial feedlot is defined as a permanently constructed confined area or facility within which the land is not grazed or cropped annually, and that is used to receive livestock that are confined solely for the purpose of growing or finishing. However, seasonal confinement of animals raised on the Protected Property and year-round confinement for the commercial production of dairy products on the Protected Property are expressly permitted. Furthermore, nothing in this Section shall prevent Grantor from leasing pasture for the grazing of livestock owned by others. 6.5.2. Grantor shall not engage in, or permit others to engage in, the commercial production of cultivated marine or freshwater aquatic products on the Protected Property. 6.5.3. Horticultural crops, such as ornamental trees and shrubs, and the continuous production of sod or other crops where soil is removed above tolerable limits is prohibited. 6.6. Limitations on Improvements. Grantor may build or rebuild Improvements only in a manner consistent with the following absolute limit on Impervious Surfaces (as defined below) and other Improvement -related limitations: 6.6.1. Impervious Surfaces Limitation. 6.6.1.1.As used herein, "Impervious Surfaces" means material that does not allow water to percolate into the soil on the Protected Property, including, but not limited to, buildings with or without flooring, paved areas, and any other surfaces that are covered by asphalt, concrete, or roofs. Impervious Surfaces do not include an open uncovered flow control or storage area or water quality treatment facility, provided that the construction and maintenance of such area or facility is consistent with the Purpose and terms of this Easement. 6.6.1.2. The total area of the Protected Property covered by Improvements of any kind and Impervious Surfaces shall be limited to no more than two percent (2%) of the area of the Protected Property; provided, however, that minor unenclosed agricultural improvements such as corrals, hayracks, headgates, fences, ditches, culverts, stock tanks, or other minor agricultural structures ("Minor Agricultural Improvements") may be constructed or placed on the Protected Property and not count against this total impervious surface limit. While graveled surfaces that allow water to percolate into the soil are not -12- considered Impervious Surfaces, the total amount of gravel plus Impervious Surfaces shall never exceed four percent (4%) of the total area of the Protected Property. 6.6.2. Limitations on Building Envelope Improvements 6.6.2.1. Building Envelope Improvements for Agricultural Activities. Within the two building envelopes totaling approximately twenty (20) acres and described and shown on Exhibit "C" ("Building Envelopes"), and subject to the limits on Impervious Surfaces in this Section 6.6, Grantor may maintain, repair, replace, decommission, expand, or enlarge Improvements existing on the Protected Property as of the Effective Date of this Easement and may install, build or construct, expand, enlarge, maintain, repair, replace or decommission Improvements not existing as of the Effective Date of this Easement. Grantor may build new, additional agricultural buildings within the Building Envelopes, subject to the impervious surface restrictions in Section 6.6.1 and other conditions in Sections 5 and 6 above. 6.6.2.2. Building Envelope Improvements for Nonagricultural Activities. For personal and domestic uses and activities and other nonagricultural activities within the Building Envelopes, and subject to the limits on Impervious Surfaces in this Section 6.6 and the limits on Dwelling Units in Section 5.4.3 above, Grantor may maintain, repair, replace, decommission, expand or enlarge Improvements existing on the Property as of the Effective Date of this Easement, and may install, build or construct, expand, enlarge, maintain, repair, replace or decommission Improvements not existing as of the Effective Date of this Easement, if Grantor provides Grantee and Co - Grantee advance written notice of the proposed new, expanded or enlarged Improvements and consent is given by Grantee and Co -Grantee for such proposed Improvements as provided for in Section 7, which consent shall not be withheld provided all such proposed Improvements are confirmed to be located completely within the Building Envelopes and otherwise comply with this Easement. 6.6.3. Limitations on New Improvements Outside the Building Envelopes 6.6.3.1. Outside the Building Envelopes, Grantor shall not expand or enlarge Improvements existing on the Property as of the Effective Date or install, build, or construct new Improvements not existing as of the Effective Date unless such Improvements are consented to in writing in advance by Grantee and Co -Grantee as provided for in Section 7 and such Improvements are necessary for Agricultural Activities (excluding Accessory Uses) and in compliance with the total impervious surface limit of Section 6.6.1., provided, however, that Grantor may install, build or construct, expand or enlarge Minor Agricultural Improvements without providing such notice or receiving such consent. -13- 6.6.3.2. Nonagricultural Accessory Uses, including, without limitation the Dwelling Units, shall not be located outside the Building Envelopes, with the exception of a well or drain field which may be located outside of the Building Envelopes to the extent necessary to make a Dwelling Unit habitable and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses. 6.6.4. Alternative Energy Production. Grantor may install, build, or construct Improvements for alternative energy production (micro -hydro, micro -wind or micro -solar power) exclusively for generating energy for the permitted uses on the Protected Property with advance written notice to Grantee and Co -Grantee and consent of Grantee for such Improvements as provided for in Section 7, which consent shall not be unreasonably withheld, and provided no access or other easement across the property is required which is inconsistent with the Purpose of this Easement. This is subject to local legal limits on wind power generation as required by Section 6.12 and other applicable local regulations. 6.6.5. Limitations on Improvements Related to Advertising. Commercial signs, billboards, or other improvements installed, built or constructed for the purpose of advertising nonagricultural activities or products are not allowed on the Protected Property, except in connection with the sale or lease of the Protected Property or to state the conditions of access to the Protected Property. Signage consistent with the character of a working farm, and for Agricultural Activities, is allowed on the Protected Property. 6.7. Limitations on Mining: Grantor shall not conduct, engage in, or permit the commercial mining or commercial extraction of soil, sand, gravel, oil, natural gas, fuel, or any other mineral substance, using any surface mining method. Grantor may conduct or engage in mineral extraction of soil, sand, and gravel solely for a permitted use on the Protected Property in a manner consistent with the purpose of this Easement and all applicable laws and regulations, minimal in scope and impact, and not exceeding one- half acre. 6.8. Limitations on Alteration of Land. Grantor shall not alter the surface of the land, including, without limitation, grading, excavating or removing soil, sand, gravel, rock, stone, aggregate, peat, or sod, except as provided below. 6.8.1. Notwithstanding anything in this Section or Section 6.7 to the contrary, soil, sand, gravel, rock, stone, aggregate, peat or sod may be extracted without further consent from Grantee so long as such extraction is solely for use on the Protected Property, is in conjunction with permitted Agricultural Activities, is revegetated promptly after extraction is complete, and is accomplished in a manner that is consistent with the Purpose and terms of this Easement. -14- 6.8.2. Notwithstanding anything in this Section to the contrary, prior to extraction activities or developing improvements as referenced herein, Grantor shall comply with all applicable state and federal laws and shall give notice to and receive consent from Grantee as provided for in Section 7 with respect to any alteration of land that would have the effect of physically disturbing a known cultural site. 6.9. No Significant Erosion or Pollution: Grantor shall not engage in any use or activity that causes or is likely to cause significant soil degradation or erosion or significant contamination or pollution of any soils or surface or subsurface waters on the Protected Property. This prohibition is not intended to limit the grazing or pasturing of cattle on the Protected Property to any greater extent than applicable local, state, or federal laws and regulations related to soil and water protection. 6.10. Limitations on Waste Disposal. 6.10.1. Grantor may accumulate and store ashes, garbage or other waste ("Trash") on the Protected Property only if such accumulation occurs in the normal course of domestic or Agricultural Activities on the Protected Property. Long-term accumulation of Trash (i.e., exceeding one calendar year in time) may occur within areas designated by Grantor with prior notice to Grantee and Co -Grantee and written consent of Grantee as long as such waste is either destined for transfer off-site, or for incineration on-site, or, in the case of biodegradable material, composted on-site. 6.10.2. Grantor shall not otherwise dispose of or Release (or permit the disposal or release of) any Hazardous Substance on the Protected Property. The term "Release" shall mean any release, generation, treatment, disposal, dumping, burying, or abandonment. The term "Hazardous Substance" shall mean any substances, materials, or wastes that are hazardous, toxic, dangerous, or harmful or are designated as, or contain components that are, or are designated as, hazardous, toxic, dangerous, or harmful and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance, including, but not limited to, petroleum or any petroleum product. The term "Hazardous Substances" shall not include biosolids, herbicides, pesticides, rodenticides, insecticides, and fertilizers applied in accordance with federal, state, and local law. Any storage and disposal of Hazardous Substances shall be in accordance with federal, state, and local law. 6.11. No Compensatory Mitigation. The creation, enhancement, restoration or preservation of wetlands, fish or wildlife habitat, or other natural resources for the purpose of, directly or indirectly, compensating for or mitigating resource losses or -15- damages in any way associated with actual or potential impacts of development except for impacts caused by Grantor on the Protected Property ("Compensatory Mitigation") is prohibited on the Protected Property. Compensatory Mitigation includes, but is not limited to, mitigation banking, conservation banking, and any other sale or exchange of mitigation credits based on the creation, restoration, enhancement and/or preservation of such natural resources within the Protected Property. 6.12. Compliance with Regulatory Requirements. Grantor shall conduct all reserved and permitted uses and activities under this Easement to meet all requirements of federal, state and local statutes, rules, and regulations as they may be amended from time to time. 6.13. Limitation on Transfers. 6.13.1. For purposes of this Section, "Transfer" includes but is not limited to any sale, grant, lease, hypothecation, encumbrance, assignment, conveyance, or any transaction the purpose of which is to effect a sale, grant, lease, hypothecation, encumbrance, assignment, or conveyance. 6.13.2. Except as provided in Sections 6.13.3 and 6.13.4, Grantor shall not undertake or permit any Transfer of any rights in the Protected Property without prior notice to Grantee and Co -Grantee and consent of Grantee as provided for in Section 7; provided, however, that such consent shall not be withheld unless Grantee determines that the proposed Transfer would be inconsistent with the Purpose and terms of this Easement. Transfer in fee of any portion of the Protected Property shall: i) be limited to the parcel configuration boundaries identified on the Site Map attached hereto as Exhibit `B" as parcels potentially separately conveyable, ii) not result in any more than a total of three (3) separate fee ownerships of the Protected Property at any given time, and iii) remain subject to the provisions of the Minimum Deed Terms For The Protection Of Agricultural Use that is appended to and made a part of this Easement as Exhibit «F", 6.13.3. The following shall require notice to but shall not require consent of Grantee and Co -Grantee: i) any gift, bargain, sale or devise of fee simple title to the Protected Property in its entirety, or any approved separately conveyable parcels thereof; ii) any mortgage, deed of trust, or similar document providing security for an indebtedness of Grantor, provided that such security interest shall be subject and subordinate to this Easement; iii) leases for telecommunications installations or wind energy installations within the Building Envelopes, as provided for in Section 6.6.2.2; and iv) temporary transfers or leases of the Dedicated Water Rights. -16- 6.13.4. The following shall require no notice to or consent of Grantee or Co -Grantee: a leasehold interest for agricultural purposes, provided, however, that the lease shall expressly describe this Easement. 7. NOTICE AND CONSENT 7.1 Notice. 7.1.1 Grantee. Certain provisions of this Easement require Grantee to give notice to Grantor prior to undertaking certain activities. Whenever such notice is required, and no other timeline for notice is set forth elsewhere in this Easement, Grantee shall provide such notice in writing not less than thirty (3 0) days prior to the date Grantee intends to undertake the use or activity in question. Grantee shall provide a copy of any such notice to Co -Grantee and/or each Beneficiary of this Easement concurrently with notice to Grantor. 7.1.2 Grantor. Certain provisions of this Easement require Grantor to give notice to Grantee, Co -Grantee, NRCS, and/or RCO prior to undertaking certain permitted uses and activities (e.g., Sections 5 and 6). The purpose of requiring Grantor to notify Grantee, Co -Grantee, NRCS, and RCO prior to undertaking these permitted uses and activities is to afford Grantee, Co -Grantee, NRCS, and RCO an adequate opportunity to ensure that the use or activity in question is designed and carried out in a manner consistent with the Purpose of this Easement. Whenever such notice is required, and no other timeline for notice is set forth elsewhere in this Easement, Grantor shall provide such notice in writing not less than) sixty (60) days prior to the date Grantor intends to undertake the use or activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the terms of this Easement and the Purpose thereof. Upon receipt of such notice, Grantee shall immediately forward a copy to Co -Grantee and each Beneficiary of this Easement. 7.2 Consent 7.2.1 Consent by Co -Grantee and Beneficiaries is Required. Wherever in this Easement Grantee's consent is required, such consent may be required of Co - Grantee and each Beneficiary to this Easement. 7.2.2 Consent Not Unreasonably Withheld. Wherever in this Easement a Party's or a Beneficiary's consent is required, such consent may be withheld only upon a reasonable determination by the consenting party that the action as proposed would be inconsistent with the Purpose or terms of this Easement and cannot be modified to make the proposed action consistent with the Purpose and terms of -17- this Easement. Any consent may include reasonable conditions consistent with the Purpose and terms of this Easement that must be satisfied in undertaking the proposed action, use, or activity. 7.2.3 Timeline for Consent. Whenever in this Easement Grantor's or Grantee's consent is required, and no other timeline for consent is set forth elsewhere in this Easement, the party whose consent is required shall grant or withhold its consent in writing within the following time periods: 7.2.3.1 Grantor. Where consent by Grantor is required under this Easement, Grantor shall grant or withhold its consent within sixty (60) days of receipt of a written request for consent. 7.2.3.2 Grantee. Where consent by Grantee is required under this Easement, Grantee shall grant or withhold its consent within sixty (60) days of receipt of a written request for consent. 7.2.3.3 Co -Grantee. Where consent by Co -Grantee is required under this Easement, Co -Grantee shall grant or withhold its consent within thirty (30) days of receipt of Grantee's written decision to grant or withhold consent or within ninety (90) days of receipt of Grantor's written request for consent, whichever comes later. 7.2.3.4 Beneficiaries. Where consent by any Beneficiary is required under this Easement, the Beneficiary shall grant or withhold its consent within thirty (30) days of receipt of Grantee's written decision to grant or withhold consent or within ninety (90) days of receipt of Grantor's written request for consent, whichever comes later. 7.2.4 Failure to Grant or Deny Consent Within the Required Time. When consent is required under this Easement, and when such consent is not granted or denied within the time period and manner set forth in this Section 7, the party requesting consent may conclusively assume the other party's consent of the proposed action, use, or activity in question. The Parties and each of the Beneficiaries agree that failure to grant or withhold consent within the required time on any proposed action, use or activity shall not be deemed or construed to be a waiver of Grantee's, Co -Grantee's, or any Beneficiary's rights under this Easement with respect to any future proposed action, use or activity. 7.2.5 Emergencies. In emergency situations, the Parties acknowledge that Grantor may not be able to comply with the notice and consent timelines in this Section 7. As such, Grantor may undertake any activities that are necessary to protect health or safety or prevent imminent and significant property damage on the Protected Property, or as required by and subject to compulsion of any governmental agency; provided, however, that Grantor shall first attempt to notify Grantee and Co -Grantee prior to taking such action where notice is otherwise required under this Easement. If Grantee and Co -Grantee cannot provide required consent, with or without conditions, within such time as is -18- reasonable under the circumstances, Grantor may proceed with such action without consent. 7.3 Optional consultation. If Grantor is unsure whether a proposed use or activity is prohibited by this Easement, Grantor may consult Grantee by providing written notice to Grantee describing the nature, scope, design, location, timetable, and any other material aspect of the proposed use or activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the Purpose of this Easement and to provide comments thereon to Grantor. This Section 7.3 does not itself impose a requirement of prior consent of the activity described in any such notice. 7.4 Addresses for Notices. Any notice, demand, request, consent, concurrence, approval, or communication that any party desires or is required to give to the other shall be in writing either served personally or sent by registered mail or overnight courier with proof of delivery, addressed as follows (or to such other address as any party from time to time shall designate by written notices to each other party): To Grantor: Brent Minor and Mary Minor 8001 Naneum Road Ellensburg, WA 98926 Phone: 509-899-5858 To Grantee: Kittitas County 411 North Ruby, Suite 1 Ellensburg, WA 98926 Phone: 509-962-7506 To Co -Grantee: Forterra NW 9015' Ave., Suite 2200 Seattle, WA 98164 Phone: 206-292-5907 To RCO: Recreation and Conservation Office Director 1111 Washington St SE, Olympia, WA 98502 PO Box 40917, Olympia, WA 98504-0917 Phone: 360-902-3000 To the NRCS: State Conservationist U.S. Natural Resources Conservation Service Washington State Office 316 W. Boone Ave., Suite 450 Spokane, WA 99201-2348 Phone: 509-323-2900 -19- 8 DISPUTE RESOLUTION 8.1 Preventive Discussions. 8.1.1 Grantor, Grantee, and Co -Grantee will promptly give the other Parties notice of problems or concerns arising in connection with the others' actions under this Easement or the use of or activities or conditions on the Protected Property, and will meet as needed, but no later than fifteen (15) business days after receipt of a written request for a meeting, to minimize the same. 8.1.2 Grantee shall invite each Beneficiary to this Easement to such preventive discussion meetings provided for in this Section 8, however, the Beneficiaries are not required to attend such meetings. 8.2 Mediation. If the Parties disagree as to the consistency of any proposed use or activity with the Purpose or terms of this Easement and the Parties are unable to resolve such disagreement through unassisted preventive discussions between themselves and each Beneficiary to this Easement, and if Grantor agrees not to proceed with the use or activity pending resolution of the dispute, Grantor, Grantee and/or Co -Grantee shall refer the dispute to mediation by request made in writing upon the other and with notice to NRCS and RCO (who have full discretion to participate or not to participate in the mediation). Within ten (10) business days of the receipt of such a request, the parties to the mediation ("Mediation Parties") shall select a single impartial mediator. Mediation shall then proceed in accordance with the following guidelines: 8.2.1 Purpose. The purpose of the mediation is to: (a) promote discussion among the Mediation Parties; (b) assist the Mediation Parties to develop and exchange pertinent information concerning the issues in dispute; and (c) assist the Mediation Parties to develop proposals which enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions or restrictions of this Easement. 8.2.2 Participation. The mediator may meet with the Mediation Parties and their counsel jointly or ex parte. The Mediation Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator. Representatives of all Mediation Parties with settlement authority will attend mediation sessions as requested by the mediator. 8.2.3 Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Mediation Parties or their respective counsel. The mediator shall not be subject to subpoena by any party. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceeding or construed -20- as an admission of a party. Records of mediation communications shall be exempt from the requirements of Chapter 42.56 RCW (Washington State Public Records Act) to the extent provided for in Chapter 7.07 RCW (Washington State Uniform Mediation Act). 8.2.4 Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. 8.2.5 Costs. The costs of the mediator shall be borne equally by the Parties; the Mediation Parties shall bear their own expenses, including attorney's fees, individually. 8.3 Arbitration. In the event the Parties are unable to resolve such disagreement through mediation,the Parties and each Beneficiary may by mutual agreement submit disputed matters to arbitration upon such rules of arbitration as Grantor, Grantee, Co -Grantee and each Beneficiary may agree. 9 GRANTEE'S AND CO -GRANTEE'S REMEDIES 9.1 Grantee and Co -Grantee's Rights and Obligations. The Grantee shall have the primary responsibility of monitoring and enforcing this Easement, including but not limited to accessing the Protected Property at least once per year to monitor use and activities in accordance with Section 4.2.1 above and as required by funding sources, determining if a violation has occurred, providing or withholding consent to Grantor, and for approving any amendments to this Grant Deed of Agricultural Conservation Easement. Remote sensing may be used to document land changes and new construction. Annual onsite inspection is required to monitor the following: sheet erosion; erosion from concentrated flow; runoff from heavy use areas; conditions of waterways, diversions, and riparian areas; and other changes in the baseline conditions. Grantee will share with the Co -Grantee monitoring and stewardship information, including but not limited to monitoring reports at least annually and any written notices or consents to and/or from Grantor. The Grantee is responsible for any costs incurred in enforcing the terms of the easement, including any attorney's fees and any costs of the suit. Grantee may recover costs from Grantor and/or a third party as described in this Section 9. Grantee shall alert Co -Grantee to any potential or actual violation of the Easement as soon as practically possible following discovery of such violation, and Grantee and Co - Grantee shall make good faith efforts to determine a unified course of action should a potential or actual violation of the Easement arise. -21- Co -Grantee shall have the right to monitor and enforce the terms of the Easement if Grantee becomes unable or fails to enforce the Easement, or if Co -Grantee in its sole discretion finds that Grantee's enforcement action or consent to Grantor fails to protect the conservation purposes of the Easement. Grantee shall reimburse Co -Grantee for all costs incurred in monitoring and enforcing the easement. 9.2 Notice of Non -Compliance. If Grantee or Co -Grantee determine that the Grantor is in violation of the terms of this Easement or that a violation is likely to occur, Grantee or Co -Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the Purpose or terms of this Easement, to restore the portion of the Protected Property so injured to its prior or potential condition in accordance with a plan to which Grantee and Co -Grantee have given consent. 9.3 Grantor's Failure to Respond. Grantee or Co -Grantee may bring an action as provided in Section 9.3 if Grantor: 9.3.1 Fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee or Co -Grantee; 9.3.2 Under circumstances where the violation cannot reasonably be cured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period; or 9.3.3 Fails to continue diligently to cure such violation until finally cured. 9.4 Grantee's or Co -Grantee's Action. Grantee or Co -Grantee may bring an action at law or in equity, or both, in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any of the Agricultural Conservation Values protected by this Easement, including damages for the loss of the Agricultural Conservation Values; and to require the restoration of the Protected Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee or Co -Grantee, in their sole and absolute discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Protected Property provided, however, that Co -Grantee shall obtain Grantee's and Beneficiaries' consent before applying any such damages. All such actions for injunctive relief may be taken without Grantee or Co - Grantee being required to post bond or provide other security. 9.5 Immediate Action Required. Notwithstanding any other provision of this Easement, if Grantee or Co -Grantee, in their sole and absolute discretion, determine that -22- circumstances require immediate action to prevent or mitigate significant damage to the Agricultural Conservation Values, Grantee or Co -Grantee may pursue their remedies under this Section 9 without prior notice to Grantor, without participation in dispute resolution as provided for in Section 8, or without waiting for the period provided for cure to expire. 9.6 Nature of Remedy. Grantee's and Co -Grantee's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's and Co -Grantee's remedies at law for any violation of the terms of this Easement are inadequate, and that Grantee and Co - Grantee shall be entitled to the injunctive relief described in this Section 9 both prohibitive and mandatory, in addition to such other relief to which Grantee and Co - Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's and Co -Grantee's remedies described in this Section 9 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. The provisions of Section 9.6 shall not be interpreted to preclude Grantee or Co -Grantee from obtaining injunctive relief. 9.7 Damages. Inasmuch as the actual damages to the Agricultural Conservation Values that could result from a breach of this Easement by Grantor would be impractical or extremely difficult to measure, the Parties agree that the money damages Grantee and/or Co -Grantee are entitled to recover from Grantor shall be, at Grantee's and/or Co -Grantee's election, the higher of (i) the amount of economic gain realized by Grantor from violating the terms of the Easement or (ii) the cost of restoring any Agricultural Conservation Values that have been damaged by such violation. In the event Grantee or Co -Grantee chooses the second of these two measures, Grantor agrees to allow Grantee, Co -Grantee, their agents or contractors, to enter upon the Protected Property and conduct restoration activities. 9.8 Costs of Enforcement. In the event Grantor, Grantee, or Co -Grantee finds it necessary to bring an action at law or other proceeding against the other party to enforce or interpret any of the terms, covenants, or conditions of this Easement, the prevailing party in any such action or proceeding shall be paid all costs and reasonable attorneys' and consultants' fees by the other party and all such costs and attorneys' and consultants' fees shall be included in any judgment secured by such prevailing party. 9.9 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, or in the absence of action by Grantee, at the discretion of the Co -Grantee. Any forbearance by Grantee or Co -Grantee to exercise its rights under this Easement in the event of any breach of any terms of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee or Co -Grantee of such term or -23- of any of Grantee's or Co -Grantee's rights under this Easement. No delay or omission by Grantee or Co -Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver. 9.10 Waiver of Certain Defenses. Grantor acknowledges that it has carefully reviewed this Easement and has consulted with and been advised by legal counsel of its terms and requirements. In full knowledge of the provisions of this Easement, Grantor hereby waives any claim or defense it may have against Grantee, Co -Grantee, or their successors in interest under or pertaining to this Easement based upon abandonment, adverse possession or prescription relating to the Protected Property or this Easement. Except for the foregoing, Grantor specifically retains any and all rights it has under the law as owner of the Protected Property, including, without limitation, the right to bring claims against Grantee or Co -Grantee for any breach by Grantee or Co -Grantee of the terms of this Easement. 9.11 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee or Co -Grantee to bring any action against Grantor to abate, correct, or restore any condition on the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from actions by a trespasser upon the Protected Property or causes beyond Grantor's control, including, without limitation, natural disaster, fire, flood, storm, pest infestation, earth movement, and climate change, and from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Property resulting from such causes. In the event the terms of this Easement are violated by acts of trespassers, and Grantor has not undertaken suit itself, Grantor agrees, at Grantee's and Co -Grantee's option, to assign its right of action to Grantee and Co -Grantee, or to appoint Grantee and Co -Grantee its attorneys in fact, for purposes of pursuing enforcement action against the responsible parties. 9.12 Compliance Certificates. Upon request by Grantor, Grantee and Co -Grantee shall, as soon as possible and no later than thirty (30) days after receipt of such request, execute and deliver to Grantor any document, including an estoppel certificate, which certifies, to the best of Grantee's and Co -Grantee's knowledge, Grantor's compliance or lack thereof with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as requested by Grantor. Such certification shall be limited to the condition of the Protected Property as of Grantee's and Co -Grantee's most recent inspection. If Grantor requests more current documentation, Grantee or Co -Grantee shall conduct an inspection, at Grantor's expense, within forty-five (45) days of receipt of Grantor's written request and payment therefor. Any Beneficiary to this Easement shall not be estopped from claiming or enforcing a violation of this Easement unless such Beneficiary has also executed the Compliance Certificate. -24- 10 LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE 10.1 Liabilities and Insurance. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property, including the maintenance of adequate liability insurance coverage. Proof of such insurance shall be provided to Grantee and Co -Grantee, and provide for at least thirty (30) days notice to Grantee and Co -Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. The Parties release and relieve the other, and waive their entire right to recovery for loss or damage to the extent that the loss or damage is covered by the injured party's insurance. This waiver applies whether or not the loss is due to the negligent acts or omissions of Grantor, Grantee or Co -Grantee. Grantor remains solely responsible for obtaining any applicable governmental permits and approval for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. Grantor shall keep the Protected Property free of any liens arising out of any work performed for, material furnished to, or obligations incurred by Grantor; provided that the Protected Property shall be deemed to be free of such liens if i) Grantor or Grantee, as the case may be, is diligently challenging the application of such liens to the Protected Property; or ii) such liens are subordinated to this Easement and do not require any action or inaction inconsistent with the Purpose and terms of this Easement. 10.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, charges of whatever description levied on or assessed against the Protected Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee and Co -Grantee with satisfactory evidence of payment upon request. 10.3 Liability. Grantor shall hold harmless, indemnify, and defend Grantee, Co -Grantee, each Beneficiary to this Easement, and their members, directors, officers, employees, agents, and contractors(collectively, "Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' and consultants' fees, arising from or in any way connected with injury to or the death of any person, or physical damage to any property resulting from any act, omission, condition, or other matter (including the release of hazardous or toxic substances) related to or occurring on or about the Protected Property that is not a consequence of any action or omission of any of the Indemnified Parties on or about the Protected Property. 10.4 Representations and Warranties. Grantor represents and warrants that, to the best of Grantor's knowledge: -25- 10.4.1 Grantor and the Protected Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Protected Property and its use; 10.4.2 There has been no release, dumping, burying, abandonment or migration from off-site on the Protected Property of any substances, materials, or wastes that are or are designated as, hazardous, toxic, dangerous, or harmful or contain components that are, or are designated as, hazardous, toxic, dangerous, or harmful and/or that are subject to regulation as hazardous, toxic, dangerous, or harmful by any federal, state or local law, regulation, statute, or ordinance; 10.4.3 Neither Grantor nor Grantor's predecessors in interest have disposed of any hazardous substances off-site, nor have they disposed of substances at sites designated or proposed to be designated as federal Superfund (42 U.S.C. §9601 et seq.) or state Model Toxics Control Act (RCW §70.105D.010 et seq.) ("MTCA") sites; and 10.4.4 There is no pending or threatened litigation affecting the Protected Property or any portion of the Protected Property that will materially impair the Agricultural Conservation Values of any portion of the Protected Property. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notices of violation, penalties, claims, demand letters, or other notifications relating to a breach of environmental laws. 10.5 Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about the Protected Property of a Hazardous Substance, Grantor agrees to take or compel responsible third parties to take all steps required under applicable law and necessary to assure its containment and remediation, including any cleanup that may be required (except that the use of institutional controls shall not be allowed without Grantee's consent), unless the Release was caused by Grantee, in which case Grantee shall be responsible for such remediation to the extent the Release was caused by Grantee. At its discretion, Grantee may assist Grantor in compelling third parties to contain and remediate any such Release. 10.6 Environmental Warranty and Indemnification. Grantor warrants that it is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with or any liability under any Environmental Law relating to the operations of conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. -26- Moreover, Grantor hereby promises to hold harmless and indemnify NRCS, RCO and the Grantees against all litigation, claims, demands, penalties, and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath, or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation will not be affected by any authorizations provided by the Grantees, RCO or the United States to the Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that the Grantees are responsible for any Hazardous Materials contributed after this date to the Protected Property by the Grantees. The terms `Environmental Law" and "Environmental Laws" mean any and all Federal, State, local, or municipal laws, rules, orders, regulations, statues, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right - to -know, hazard communication, noise, radioactive materials, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, and building and land use as may now or at any time hereafter be in effect. The terms "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment. 10.7 Control. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee, Co -Grantee or any Beneficiary to this Easement to exercise physical or managerial control over the day-to-day operations of the Protected Property, or any of Grantor's activities on the Protected Property, or otherwise to become an operator with respect to the Protected Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"). 11 SUBSEQUENT TRANSFER OR EXTINGUISHMENT 11.1 Extinguishment. 11.1.1 If circumstances arise in the future that render the Purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, -27- whether in whole or in part, by judicial proceedings in a court of competent jurisdiction and with the permission of the United States. 11.1.2 The amount of the proceeds to which Grantee, Co -Grantee, and any Beneficiary to this Easement shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Protected Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Washington law at the time, in accordance with Section 11.3. Grantee shall use all such proceeds for the acquisition of property interests that are substantially equivalent to those conveyed by this Easement. Grantee shall consult with and receive the approval of Co -Grantee, NRCS, and RCO in the selection of any replacement property interests. Upon acquisition of such replacement property interests, Grantee shall convey to Co -Grantee, NRCS, and RCO the same or substantially equivalent rights as provided for in this Easement. 11.1.3 In granting this Easement, Grantor has considered the fact that any use of the Property that is prohibited by this Easement, or any other use as determined to be inconsistent with the Purpose of this Easement, may become economically more valuable than permitted uses. It is the intent of Grantor, Grantee, and Co - Grantee that such circumstances shall not justify the termination or extinguishment of this Easement. Grantor's inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 11.2 Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of the power of eminent domain, Grantee, Co -Grantee, NRCS, and RCO shall be entitled to compensation in accordance with Section 11. 3, for the value of the Easement taken; and the Grantor shall be entitled to compensation in accordance with applicable law for the value of the underlying fee title and improvements taken. In the event that Section 11.3. violates applicable law, then the proceeds to Grantor, Grantee, Co - Grantee, NRCS, and RCO shall be divided in accordance with applicable law. In the event that Grantee is the recipient of the proceeds from any condemnation, then Grantee shall disburse to RCO and the United States their respective shares of the proceeds pursuant to Section 11.4 as soon as is practicable. 11.3 Valuation 11.3.1 This Easement constitutes a real property interest immediately vested in Grantee and Co -Grantee. For purposes of this Section, the Parties stipulate that this Easement has a fair market value determined by multiplying (a) the then fair market value of the Protected Property unencumbered by the Easement (minus any increase in value attributable to improvements on the Protected Property), at the time of termination or extinguishment, as determined by an appraisal that -28- meets RCO and the United States requirements for appraisals and is approved by the United States of America, by (b) the ratio of the value of the Easement at the time of this grant to the value of the Protected Property, unencumbered by the Easement, at the time of this grant. 11.3.2 For purposes of this Section, the Parties agree that the ratio of the value of the Easement to the value of Grantor's property unencumbered by the Easement is evidenced by that certain real property appraisal prepared by Gregory Richards with Richards & Associates, dated July 30, 2019, on file with Grantee. This ratio is 0.59 and shall remain constant. 11.4 Distribution of Proceeds. In the event of extinguishment of this Easement pursuant to Section 11. 1, condemnation of this Easement pursuant to Section 11.2, or damages received by Grantee in an amount equal to the fair market value of this Easement pursuant to Section 9.6 any proceeds attributable to the value of the Easement shall be distributed as follows: NRCS is entitled to 40% and RCO is entitled to 50% and Co - Grantee (or other source of acquisition funding for the Easement as applicable) is entitled to the remaining 10% of any such proceeds. 11.5 Subsequent Transfers. Grantor agrees to: (1) incorporate by express reference the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property; and (2) describe this Easement in and append it to, any executory contract for the transfer of any interest in the Protected Property. Grantor further agrees to give written notice to the Grantee and Co -Grantee of the transfer of any interest at least thirty (30) days prior to the date of such transfer. Such notice to Grantee and Co -Grantee shall include the name, address, and telephone number of the prospective transferee or such transferee's representative. The failure of the Grantor to perform any act required by this Section 11 shall not impair the validity of this Easement or limit its enforceability in any way. 12 AMENDMENT 12.1 If circumstances arise under which an amendment to or modification of this Easement would be appropriate, the Parties may jointly amend this Easement provided that the Parties first obtain the written consent of each Beneficiary to this Easement. Any such amendment shall be consistent with the Purpose of this Easement, shall not affect the qualification of this Easement or the status of Grantee or Co -Grantee under any applicable laws, shall not shorten the duration of this Easement, shall not amend the area of the Protected Property covered by the Easement (unless it is expanded to cover additional land without removing any land included in the Protected Property) and shall be recorded in the official records of Kittitas County, Washington, and any other jurisdiction in which such recording is required. -29- 13 ASSIGNMENT 13.1 Assignment. 13.1.1 Grantee Interest. Grantee's interest in this Easement is transferable with prior written notice to and consent of RCO and the United States, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified holder at the time of transfer under RCW 64.04.130, as amended, and a qualified recipient of grant funds from the farm and forest account under RCW 79A.15.130. Grantee shall not assign this Easement without notice to and consent of Co -Grantee, RCO and the United States, which consent shall not be unreasonably withheld. As conditions of such transfer, Grantee shall require that assignee (a) continue to carry out the Purpose of this Easement and (b) comply with the terms of the RCO and the United States Grant Agreement, as described in Section 14. Grantee shall notify Grantor in writing, at Grantor's last known address, in advance of such assignment. The assignment shall not be valid without such notice; provided, however, that the failure of Grantee to give such notice shall not impair the validity of this Easement or limit its enforceability in any way. 13.1.2 Co -Grantee Interest. Co -Grantee's interest in this Easement is transferable, but Co -Grantee may assign its rights and obligations under this Easement only to a qualified organization with notice to and consent of Grantee, RCO and the United States, which consent shall not be unreasonably withheld. As conditions of such transfer, Co -Grantee shall require that assignee (a) continue to carry out the Purpose of this Easement and (b) comply with the terms of the RCO and the United States Grant Agreement, as described in Section 14. Co -Grantee shall notify Grantor in writing, at Grantor's last known address, in advance of such assignment. The assignment shall not be valid without such notice; provided, however, that the failure of Co -Grantee to give such notice shall not impair the validity of this Easement or limit its enforceability in any way. 13.2 Rights and Obligations Upon Transfer. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Protected Property or this Easement, as the case may be, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 13.3 Succession. If at any time it becomes impossible for Grantee to ensure compliance with the covenants contained herein and Grantee has not named a successor organization, or the Grantee shall cease to exist, then Grantee's rights and duties hereunder shall become vested and fall upon RCO, who may then assign, with the United States' consent (which shall not be unreasonably withheld), Grantee's rights and duties hereunder to an organization with a similar mission to that of Grantee. -30- 14 RCO THIRD PARTY RIGHT OF ENFORCEMENT 14.1 RCO is hereby granted third parry right of enforcement of this Easement. As such, RCO may exercise all of the rights and remedies provided to Grantee and Co -Grantee herein,and is entitled to all of the indemnifications provided to Grantee and Co -Grantee in this Easement. RCO, Grantee, and Co -Grantee each have independent authority to enforce the terms of this Easement; provided, however, that RCO and Co -Grantee expect that Grantee shall have primary responsibility for monitoring and enforcement of the Easement. In the event that RCO, Grantee, and/or Co -Grantee do not agree as to whether the Grantor is complying with the terms of the easement, RCO or Grantee or Co -Grantee may jointly or individually proceed with enforcement actions without the consent of any other. If RCO elects to enforce the terms of this Easement, it shall first follow the dispute resolution process and remedies described in Sections 8 and 9 above; provided, however, that RCO shall not be obligated to repeat any non judicial dispute resolution steps already taken by Grantee or Co -Grantee. 14.2 This third parry right of enforcement does not extend to any other third party and will automatically transfer to another State agency charged with maintaining, preserving and/or restoring agricultural lands in the event RCO is dissolved or reorganized. 14.3 In the event that Grantee transfers or assigns this Easement without the consent of RCO, which consent shall not be unreasonably withheld, RCO may require that Grantee pay to RCO, at RCO's election, the higher of (i) an amount equal to the fair market value of this Easement, which shall be determined as provided in Section 11.3 and distributed as provided in Section 11.4; or (ii) an amount equal to the Total Project Cost as specified in the RCO Grant Agreement with interest due and payable from the date of breach at the rate provided for in RCW 43.17.240, as may be amended from time to time. 14.4 In the event that the Protected Property is used by Grantor in a manner that is not consistent with the Purpose of this Easement or the terms of the RCO Grant Agreement, RCO shall have the right, in addition to any other remedies described in this Easement, to require that Grantor pay to RCO, at RCO's election, the higher of (i) an amount equal to the fair market value of this Easement, which shall be determined as provided in Section 11.3 and distributed as provided in Section 11.4; or (ii) an amount equal to the Total Project Cost as specified in the RCO Grant Agreement with interest due and payable from the date of breach at the rate provided for in RCW 43.17.240, as may be amended from time to time. Any costs, fees or damages paid by Grantor for enforcement of this Easement or restoration of the Conservation Values pursuant to Section 9 shall be deducted from this amount. RCO agrees that it will follow the dispute resolution process and remedies described in Sections 8 and 9 before exercising this right, unless legally compelled to do otherwise. Any amounts due and owing RCO under this paragraph shall be due and owing within 120 days of receiving a written demand for repayment by RCO. Upon Grantor's repayment of such amount to RCO, -31- Grantee and RCO agree to prepare and record a deed amendment to release Grantor from any further obligations to RCO or Grantee under this Easement. 15 JOINT ENFORCEMENT 15.1 Before Grantee, Co -Grantee, or any Beneficiary to this Easement exercises its rights to undertake mediation, arbitration or legal action as provided for in Sections 8 and 9, the party contemplating such action agrees to confer with the other parties holding enforcement rights under this Easement as to whether they will join the mediation, arbitration or legal action and share costs and expenses related to such action; provided, however, that this agreement to confer shall not be construed as a limitation on the ability of Grantee , Co -Grantee, or any Beneficiary to this Easement to exercise its enforcement and other rights under this Easement. If Grantee , Co -Grantee, RCO, and/or the United States decide(s) to join in the action and share costs and expenses related to the action, the parties joining in the action and sharing costs and expenses related to the action shall apply any recovery to reimburse such parties for their costs and expenses; provided, however, that any amount received based on loss of value to the easement, or resulting from condemnation and/or extinguishment of the Easement, shall be shared equally by Grantee, Co -Grantee, RCO and the United States only after reimbursing such parties for their costs and expenses. 15.2 If Grantee, Co -Grantee, or any Beneficiary to this Easement chooses not to undertake mediation, arbitration or legal action as provided for in Sections 8 and 9, and/or share costs and expenses related to such action, such party shall not be entitled to any recovery for enforcement costs; provided, however, that any amount received based on loss of value to the easement, or resulting from condemnation and/or extinguishment of the Easement, shall be distributed in accordance with Section 11.4 only after first reimbursing any party for its costs and expenses that are not otherwise separately paid as part of any arbitration award or judgment. 16 RECORDATION Grantee shall record this instrument in a timely fashion in the official records of Kittitas County, Washington, and in any other appropriate jurisdictions, and may re-record it at any time as may be required to preserve its rights in this Easement. 17 NO MERGER In the event that Grantee or Co -Grantee acquires all or a portion of the fee title to the Protected Property, it is the intent of the Parties that no merger of title shall take place that would merge the restrictions of this Easement with fee title to the Protected Property and thereby eliminate them, and that the restrictions on the use of the Protected Property,, as embodied in the Easement, shall, in the event that all or a portion of title become vested in Grantee or Co -Grantee, become and remain permanent and perpetual -32- restrictions on the use of the Protected Property. Grantee and Co -Grantee covenant to do what is required to prevent merger of title, including, if necessary, assignment of the Easement to an appropriate third party pursuant to Section 13.1. 18 GENERAL PROVISIONS 18.1 Effective Date. The Effective Date of this Easement shall be the date on which the Grantor executed this Easement. 18.2 Governing Law and Venue. The laws of the State of Washington and applicable federal law shall govern the interpretation and performance of this Easement. By executing this Easement, Grantor acknowledges the jurisdiction of the courts of the State of Washington in this matter. In the event of a lawsuit involving this Easement, venue shall be proper only in Kittitas County. 18.3 Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the Purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 18.4 Severability. 18.4.1 Except as provided in Section 18.4.2 below, if any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid or unenforceable by any court of competent jurisdiction or is superseded by state or federal legislation, rules, regulations or decision, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid or unenforceable, as the case may be, shall not be affected thereby. 18.4.2 If any material provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid or unenforceable by any court of competent jurisdiction or is superseded by state or federal legislation, rules, regulations or decision, so that the intent of these provisions is frustrated, the parties agree to immediately negotiate a replacement provision to fulfill the intent of the superseded provisions consistent with the Purpose of this Easement and applicable law. 18.5 Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. -33- No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 12. 18.6 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 18.7 "Grantor" - "Grantee" — "Co -Grantee". The terms "Grantor," "Grantee," and "Co - Grantee," wherever used in this instrument, and any pronouns used in the place thereof, shall be held to mean and include, respectively the above-named Grantor and its successors and assigns, the above-named Grantee and its successors and assigns, and the above-named Co -Grantee and its successors and assigns. The term "Grantor" shall also include any party taking ownership of the Protected Property, or any portion thereof, subsequent to the foreclosure of any mortgage or deed of trust. 18.8 Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns, and to any party taking ownership of the Protected Property, or any portion thereof, subsequent to the foreclosure of any mortgage or deed of trust, and shall continue as a servitude in perpetuity with the Protected Property. 18.9 Captions. The captions in this instrument have been inserted solely for convenience and ease of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 18.10 Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both Parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 18.11 Authority. The individuals signing below, if signing on behalf of any entity, represent and warrant that they have the requisite authority to bind the entity on whose behalf they are signing. 18.12 Recitals. The Parties agree that the terms and recitals set forth in Section 1 (among other terms of this Easement) are material to this Easement, and that each Party has relied on the material nature of such terms and recitals in entering into this Easement. Each term and recital set forth in Section 1 is fully incorporated into this Easement. 19 This Grant Deed of Agricultural Conservation Easement is acquired with funds provided, in part, under the Agricultural Conservation Easement Program (ACEP). The EXHIBIT F is attached hereto and incorporated herein by reference and will run with the land in perpetuity. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property -34- identified in EXHIBIT A (legal description or survey) is and will remain subject to the terms and conditions described in EXHIBIT F entitled Minimum Deed Terms For The Protection Of Agricultural Use that is appended to and made a part of this Grant Deed of Agricultural Conservation Easement. 20 SCHEDULE OF EXHIBITS Exhibit A Legal Description of Property Subject to Easement Exhibit B Site Map of Property Subject to Easement Exhibit C Building Envelopes Exhibit D Water Rights Exhibit E Permitted Exceptions Exhibit F Minimum Deed Terms for the Protection of Agricultural Use TO HAVE AND TO HOLD unto Grantee, Co -Grantee, their respective successors, and assigns forever. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW -35- IN WITNESS WHEREOF, the undersigned Grantor has executed this instrument this day of , 2020. Grantor: Brent Minor and Mary Minor, husband and wife Brent Minor Mary Minor STATE OF WASHINGTON) ) ss. COUNTY OF KITTITAS ) On this day of 2020, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Brent Minor and Mary Minor who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she/they (is/are) authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Dated: (Use this space for notarial stamp/seal) Printed Name Notary Public in and for the State of Washington Residing at My commission expires -36- Kittitas County does hereby accept the above Grant Deed of Agricultural Conservation Easement. Dated: Co -Grantee: By Cory Wright By Brett Wachsmith Its: County Commissioners STATE OF WASHINGTON) ) ss. COUNTY OF KITTITAS ) LIM Laura Osiadacz On this day of , 2020 before me personally appeared Cory Wright, Laura Osiadacz and Brett Wachsmith, known to be the duly elected, qualified and acting County Commissioners of Kittitas County, Washington, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said County, for the uses and purposes therein mentioned, and each on oath stated that they were authorized to execute said instrument by resolution of the Board of County Commissioners of said county, and that the seal affixed is the official seal of said County. Given under my hand and official seal the day and year last above written. Dated: (Use this space for notarial stamp/seal) Printed Name Notary Public in and for the State of Washington Residing at My commission expires -37- Forterra NW does hereby accept the above Grant Deed of Agricultural Conservation Easement. Dated: Co -Grantee: By: Michelle Connor Its: President & CEO STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day of 2020, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Michelle Connor to me known to be the President & CEO of Forterra NW, the Washington nonprofit corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. DATED: (Use this space for notarial stamp/seal) Printed Name Notary Public in and for the State of Washington Residing at My commission expires no THE STATE OF WASHINGTON, BY AND THROUGH THE WASHINGTON STATE RECREATION AND CONSERVATION OFFFICE, Third Party Beneficiary, does hereby accept the above Grant Deed of Agricultural Conservation Easement. Dated: Scott T. Robinson Its: Deputy Director STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of 2020, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared SCOTT T. ROBINSON to me known to be the Deputy Director of the Washington State Recreation and Conservation Office, a , that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Dated: (Use this space for notarial stamp/seal) Printed Name Notary Public in and for the State of Washington Residing at My commission expires -39- ACCEPTANCE OF PROPERTY INTEREST BY THE NATURAL RESOURCES CONSERVATION SERVICE ON BEHALF OF THE UNITED STATES OF AMERICA The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing Conservation Easement Deed, and the rights conveyed therein, on behalf of the United States of America. This property is the Hairpin Ranch property, in Kittitas County WA, under agreement #N5319ALE00100132 with the Forterra NW. Authorized Signatory for the NRCS STATE OF ss. COUNTY OF On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of , personally appeared known or proved to me to be the person whose signature appears above, and who being duly sworn by me, did say that she/he is the State Conservationist of the Natural Resources Conservation Service, United States Department of Agriculture, is authorized to sign on behalf of the United States of America, and acknowledged and accepted the rights conveyed by the within Conservation Easement Deed. In witness whereof, I have hereunto set my hand and official seal the day and year first above written. Dated: (Use this space for notarial stamp/seal) Printed Name Notary Public in and for the State of Residing at My commission expires -40- EXHIBIT A Legal Description TRACT 1: Parcel 5 of that certain Survey as recorded May 9, 2007, in Book 34 of Surveys, pages 42 and 43, under Auditor's File No. 200705090017, records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 8, Township 18 North, Range 19 East, W.M, in the County of Kittitas, State of Washington. TRACT 2: Parcels A, B, C and D of that certain Survey as recorded July 5, 2007, in Book 34 of Surveys, pages 78 and 79, under Auditor's File No. 200707050010, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 3: Parcels S1, S2, S3, S4 and S5 of that certain Survey as recorded July 10, 2007, in Book 34 of Surveys, pages 82 and 83, under Auditor's File No. 200707100002, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 4: Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W of that certain Survey as recorded July 11, 2007, in Book 34 of Surveys, pages 89 and 90, under Auditor's File No. 200707110035, records of Kittitas County, Washington, being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 5: Parcels 1E, 2E, 3E, 4E, 5E, 6E, and 7E of that certain Survey as recorded July 12, 2007, in Book 34 of Surveys, pages 93 and 94, under Auditor's File No. 200707120013, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, in the County of Kittitas, State of Washington. TRACT 6: Parcels 1, 2, 3, 4, 5, 6, 7, and 8 of that certain Survey as recorded July 13, 2007, in Book 34 of Surveys, pages 95 and 96, under Auditor's File No. 200707130037, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 7: Parcels A, B, C, D and E of that certain Survey as recorded July 25, 2007, in Book 34 of Surveys, pages 106 and 107, under Auditor's File No. 200707250023, records of Kittitas County, Exhibit A Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. Parcel Number: Abbreviated Legal: Being a ptn of Sec 5, Twp 18N, Rge 19E, W.M. Purported Address: 8001 Naneum Road Ellensburg, Washington 98926 Exhibit A EXHIBIT B Property Subject to Conservation Easement and Separately Conveyable Parcels 953195 194234 931036 953203 4532 953204 14796 953205 953218 953219199 1 953206 953221 953220 18040953200 j'"� 953201 II ' 953222 4I 953223 Exhibit B 953208 953209 953210 953225 953207 953224 953192 953193 953211 953212 953213 953214 Y9531819 Separately Conveyable Parcel " Refer to Section 6.13.2 in the Conservation Easement Map produced by FORTERRA Property Subject to Conservation Easement APM3.2020 *�, (�] Current Tax Parcel Boundary Feet 0 500 1,000 �V/ Property and tax parcel boundaries courtesy of Ifittitas County GIS data published January 2019. S Exhibit B EXHIBIT C Building Envelopes Building Envelope Boundary Property Subject to Conservation Easement [� Current Tax Parcel Boundary Property and lax parcel boundaries courtesy of IGttitas County GIS data published January 2019. Exhibit C Map produced by FORTERRA April 2, 2020 Feet 0 500 1,000 S EXHIBIT D Dedicated Water Rights Kittitas Reclamation District (KRD): 5 -acre feet per year over 198 acres for a total of 990 acre feet per year for irrigation. All of the KRD water for irrigation shall run with the Protected Property under the Easement. June 30, 1882 Certificate: Naneum Creek irrigation of 115 acres and stock water claim 00484 (A) 004498 April 1 through October 15th 2.3 cubic feet per second in May and June. 1.20 cubic feet per second in April and July 1 through October 15th 575 -acre feet per year for irrigation and 4 -acre feet per year for stock watering Only the first 372 acre feet per year for irrigation under this Certificate shall run with the Protected Property under the Easement. Exhibit D EXHIBIT E Permitted Exceptions 1. This property is currently classified under the Open Space Taxation Statute R.C.W. 84.34. Sale of this property without notice of compliance to the county Assessor will cause a supplemental assessment, interest, and penalty to be assessed against the seller/transferor. 2. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: P. H. Schnebly Purpose: Constructing, operating, repairing and renewing an irrigation canal Recorded: August 2, 1919 Instrument No.: 52742 Book 33 of Deeds, Page 361 Affects: A strip of land extending six feet from and on each side of the center line of the canal as now constructed, commencing at a point on the East bank of the East channel of Nanum Creek over and across the Southwest 1/4 of said Section 9 3. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: P. H. Schnebly Purpose: Easement to conduct water Recorded: July 25, 1919 Instrument No.: 52586 Volume 3 of Water Rights, Page 254 Affects: The Southwest 1/4 of said Section 9 4. The provisions contained in deed from Florence Cooke Roe and Stanley Roe, her husband and Charles Einkemeier, to the Kittitas County Reclamation District, Recorded: September 6, 1929, Instrument No.: 97081. Book 47 of Deeds, page 565 As follows: "Said grantors, for themselves and for their heirs, administrators and assigns, hereby acknowledge full satisfaction for all severance damages and claims thereto to all their lands adjacent to the lands herein conveyed by reason of or occasioned by the location, construction, maintenance and operation of an irrigation canal by the grantee, its successors or assigns, over and upon the premises herein conveyed." (Affects the West 1/2 of said Section 9). 5. The provisions contained in deed from Ben F. Rader and Hilda Rader, husband and wife, and W. H. Rader, to the Kittitas Reclamation District, Recorded: December 12, 1929, Instrument No.: 98502. Book 48 of Deeds, page 158 Exhibit E As follows: "Said grantors, for themselves and for their heirs, administrators and assigns, hereby acknowledge full satisfaction for all severance damages and claims thereto to all their lands adjacent to the lands herein conveyed by reason of or occasioned by the location, construction, maintenance and operation of an irrigation canal by the grantee, its successors or assigns, over and upon the premises herein conveyed." (Affects the Southeast 1/4 of said Section 8). 6. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: Robert Edwards and Frances Edwards, husband and wife Purpose: A 12 inch irrigation pipeline 230 feet long together with the right of ingress for the purposes of maintaining, repairing and upkeep of said pipeline Recorded: September 11, 1957 Instrument No.: 265931 Volume 101, Page 28 Affects: A strip of land beginning at a point along the Kittitas Reclamation Ditch and running across the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section 9 7. Pendency of Kittitas County Superior Court Cause No. 18145, STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, plaintiff vs. ART CARLSON, et al, defendant, being an action for determination of water rights of the Wilson Creek - Naneum Creek drainage basin. Said action contains an Order Pendente Lite enjoining property owners from using or diverting the waters of Wilson Creek and Naneum Creek upstream from the point where Highline Canal crosses said streams. 8. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff, vs. James J. Acquavella, et al, Defendants; notice of which is given by Lis Pendens recorded on October 14, 1977, in Volume 90, page 589, under Kittitas County recording number 417302, and supplemental notice of Lis Pendens recorded June 4, 1980, in Volume 131, page 63, under Auditor's File No. 442263; being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff. Charles B. Roe, Jr., Senior Assistant Attorney General) 9. Easement "F", being 60 feet in width, as delineated on that certain survey recorded December 23, 1992 in Book 19 of Surveys, pages 27 and 28, under Auditor's File No. 555639. 10. Declaration and Covenants, conditions, restrictions, easements and reservations, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Exhibit E Recorded: June 30, 1993 Instrument No.: 560831 Modification(s) of said covenants, conditions and restrictions Recorded: February 1, 1999 Instrument No: 199902010041 11. Reservation of Oil, gas, minerals, or other hydrocarbons, including the terms and provisions contained therein, in deed from Mark J. McWhorter. Recorded: January 12, 1995 Instrument No.: 578439 and 200112120010 Volume 362, page 671 12. The provisions contained in Survey, Recorded: May 9, 2007, Instrument No.: 200705090017. Book 34, pages 42 and 43 As follows: a) Location of fenceline in relation to property boundaries affecting Parcel 5 b) Notes contained thereon 13. The provisions contained in Survey, Recorded: July 5, 2007, Instrument No.: 200707050010. Book 34, pages 78 and 79 As follows: a) 60' and 55' radius Easement "Q" b) Notes contained thereon 14. The provisions contained in Survey, Recorded: July 10, 2007, Instrument No.: 200707100002. Book 34, pages 82 and 83 As follows: a) Location of fenceline in relation to property boundaries b) 60' Easement "F" c) 60' Easement "R" with 55' radius cul-de-sac d) Notes contained thereon 15. The provisions contained in Survey, Recorded: July 11, 2007, Instrument No.: 200707110035. Book 34, pages 89 and 90 As follows: a) 60' Easement "F" b) Location of fencelines in relation to property boundary Exhibit E c) 60' Easement "S" with 55' radius cul-de-sac d) 20' Easement T" e) Notes contained thereon 16. The provisions contained in Survey, Recorded: July 12, 2007, Instrument No.: 200707120013. Book 34, pages 93 and 94 As follows: a) Location of fenceline in relation to property boundaries b) 60' Easement "Q" with 55' radius cul-de-sac c) Notes contained thereon 17. The provisions contained in Survey, Recorded: July 13, 2007, Instrument No.: 200707130037. Book 34, pages 95 and 96 As follows: a) Location of fenceline in relation to property boundaries b) 20' Easement "V" c) 60' Easement "S" d) 60' Easement "R" with 55' radius cul-de-sac e) 60' Easement "U" with 55' radius cul-de-sac f) Notes contained thereon 18. The provisions contained in Survey, Recorded: July 25, 2007, Instrument No.: 200707250023. Book 34, pages 106 and 107 As follows: a) 60' Easement "F" b) 60' Easement "S" c) 55' radius Easement "W" d) Location of fencelines in relation to property boundaries e) Notes contained thereon 19. Rights of the State of Washington in and to that portion of said premises, if any, lying in the bed or former bed of the Naneum Creek, if it is navigable. 20. Any question of location, boundary or area related to the Naneum Creek, including, but not limited to, any past or future changes in it. 21. Any prohibition or limitation on the use, occupancy, or improvements of the Land resulting from the rights of the public, appropriators, or riparian owners to use any waters, which may now Exhibit E cover the Land or to use any portion of the Land which is now or may formerly have been covered by water. 22. A portion of the access to said premises is over Kittitas Reclamation District Lateral (R/W) and therefore, access to said premises is subject to the terms, conditions, regulations and restrictions of the Kittitas Reclamation District. Exhibit E EXHIBIT F MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS The Agricultural Conservation Easement Program, 16 U.S.C. Section 3865 et seq., facilitated and provided funding for the purchase of an Agricultural Land Easement ("ALE"), as described in this Grant Deed of Agricultural Conservation Easement ("ALE Deed"), on real property described in Exhibit A, hereafter referred to as "the Protected Property." As used herein, references to the "ALE Deed" include this Exhibit, except where explicitly stated otherwise. Brent Minor and Mary Minor (collectively "Grantor"), Kittitas County and Forterra NW (collectively "Grantee"), the State of Washington, by and through the Washington State Recreation and Conservation Office (RCO), and the United States of America (the "United States"), acting by and through the United States Department of Agriculture Natural Resources Conservation Service (MRCS) on behalf of the Commodity Credit Corporation (jointly referred to as the "Parties") acknowledge that the ALE is acquired by the Grantee for the purpose of: protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses that negatively affect the agricultural uses and conservation values of the Protected Property (the "Purpose of the ALE'). Baseline conditions of the Protected Property are set forth in a Baseline Documentation Report, a copy of which is maintained in the files of the Grantee. In order to ensure compliance with the Agricultural Conservation Easement Program, 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, the following rule of interpretation will govern any and all inconsistencies between this Exhibit and those portions of the ALE Deed other than this Exhibit. Notwithstanding any other provision of the ALE Deed, the Parties agree that all present and future use of the Protected Property is and will remain subject to all of the terms and conditions identified in the following Sections I and II. If the terms and conditions in Sections I and II are inconsistent with terms and conditions in other portions of the ALE Deed, Sections I and II will control; provided, however, that if other portions of the ALE Deed have terms and conditions that are consistent with, but more restrictive to the rights of the Grantor than the terms and conditions in Section I, Paragraphs 1, 2, and 4, those more restrictive terms and conditions will control. If other portions of the ALE Deed are more restrictive to the rights of the Grantor than Section I Paragraph 3 and 5 and Section II then Section I Paragraph 3 and 5 and Section II will control. SECTION I - MINIMUM CONSERVATION DEED RESTRICTIONS Even if the Protected Property consists of more than one parcel for real estate tax or any other purpose or if it was acquired previously as separate parcels, it will be considered one parcel for purposes of this ALE, and the restrictions and covenants of this ALE Deed will apply to the Protected Property as a whole. The terms and conditions of the ALE Deed run with the land and are binding upon the Grantor and Grantee and their respective heirs, successors, agents, assigns, lessees, and any other person Exhibit F claiming under them, any and all of whom must comply with all terms and conditions of this ALE Deed, including the following: 1. Limitation on Impervious Surfaces. Impervious surfaces will not exceed 2% of the Protected Property, excluding NRCS-approved conservation practices. Impervious surfaces are defined as material that does not allow water to percolate into the soil on the Protected Property, including, but not limited to, buildings with or without flooring, paved areas, and any other surfaces that are covered by asphalt, concrete, or roofs. This limitation does not include public roads or other roads owned and controlled by parties with rights superior to those rights conveyed to Grantee by this ALE Deed. 2. Limitations on Nonagricultural Uses. Any activities inconsistent with the Purpose of the ALE are prohibited. The following activities are inconsistent with the Purpose of the ALE and are specifically prohibited, subject to the qualifications stated below: (A) Subdivision — The Protected Property must not be divided or subdivided into, or separately conveyed as more than three (3) separate parcels (zero (0) divisions allowed), the boundaries and the allocation of the impervious surface limitation for which have been identified in Exhibit B, which is appended to and made a part of this ALE Deed. To protect the Purpose of the ALE, the boundaries of such divisions have been preapproved in writing by Grantee and the Chief of NRCS or the Chief's authorized designee (Chief of NRCS). Deviations from the identified boundaries will not be allowed. Grantor must give Grantee and the Chief of NRCS written notice prior to subdividing, dividing, or separately conveying a parcel of the Protected Property. (B) Industrial or Commercial Uses — Industrial or commercial activities on the Protected Property are prohibited except for the following: (i) Agricultural production and related uses in accordance with the terms and conditions of this ALE Deed; (ii) The sale of excess power generated in the operation of renewable energy structures and associated equipment or other energy structures that Grantee approves in writing as being consistent with the Purpose of the ALE and in accordance with the terms and conditions of this ALE Deed; (iii) Temporary or seasonal outdoor activities or events that do not harm the Purpose of the ALE; and (iv) Commercial enterprises related to agriculture or forestry including but not limited to processing, packaging, and marketing of farm or forest products. (C) Construction on the Protected Property — All new structures and improvements must be located within the Building Envelope(s), containing approximately twenty (20) acres and described or shown in Exhibit C, which is appended to and made a part of the ALE deed. Exhibit F 2 Agricultural structures and utilities to serve approved buildings or structures, including on- farm energy structures allowed under Section I, Paragraph 2(B)(ii) and Section I, Paragraph 3(C) that neither individually nor collectively have an adverse impact on the Purpose of the ALE, may be built outside of the Building Envelopes with prior written approval of the Grantee. New roads may be constructed if they are approved in advance by Grantee, within impervious surface limits, and are necessary to carry out the agricultural operations or other allowed uses on the Protected Property. Maintenance of existing roads documented on the Baseline Documentation Report is allowed; however, existing roads may not be widened or improved unless widening and improving is within impervious surface limits, approved in advance by Grantee, and necessary to carry out the agricultural operations or other allowed uses on the Protected Property. Fences may be maintained and replaced, and new fences installed if they are necessary for agricultural operations or other allowed uses on the Protected Property or to mark boundaries of the Protected Property. Maintenance, replacement, and installation of fences must be conducted in a manner consistent with the Purpose of the ALE. (D) Granting of Easements for Utilities and Roads — The granting or modification of easements for utilities and roads is prohibited when the utility or road will adversely impact the Purpose of the ALE as determined by the Grantee in consultation with the Chief of NRCS. (E) Surface Alteration — Grading, blasting, filling, sod farming, earth removal, or any other activity that will disturb the soil surface or materially alter the topography, surface or subsurface water systems, or wetlands of the Protected Property is prohibited, except for the following: (i) Dam construction pursuant to a plan approved by the Grantee to create ponds for agricultural use, fire protection, or wildlife enhancement, including enhancement through wetland restoration, enhancement, or creation; (ii) Erosion and sediment control pursuant to a plan approved by the Grantee; (iii) Soil disturbance activities required in the construction of approved buildings, structures, roads, and utilities provided that the required alteration has been approved in writing by Grantee as being consistent with the Purpose of the ALE; and (iv) Agricultural activities and related conservation activities conducted in accordance with the terms and conditions of this ALE Deed. Exhibit F (F) Surface and Subsurface Mineral Exploration and Extraction — Mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Grantor as of the date of this ALE Deed or later acquired by Grantor, using any surface mining, subsurface mining, or dredging method, from the Protected Property is prohibited except as otherwise provided in this Paragraph F. If a third parry owns or leases the oil, natural gas, or any other mineral rights associated with the Protected Property at the time this ALE Deed is executed, and their interests have not been subordinated to this ALE, the Grantor must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third parry is conducted in accordance with this Paragraph (F). Any mineral leases or other conveyances of minerals entered into or renewed after the date of this ALE Deed are subordinate to the terms of this ALE Deed and must incorporate by reference this ALE Deed. Limited mining activities for materials (e.g., sand, gravel, or shale) used to facilitate the agricultural operations on the Protected Property are allowed where the extraction of such materials is limited, localized, and small with a defined area and acreage identified in EXHIBIT D and does not harm the Purpose of the ALE. 3. Preserving Agricultural Uses. The provisions of this ALE Deed and associated exhibits will not be interpreted to restrict the types of agricultural operations that can function on the Protected Property, so long as the agricultural operations are consistent with the long-term viability of the Protected Property and the Purpose of the ALE. No uses will be allowed that violate Federal laws, including Federal drug laws, or that decrease the ALE's protection for the Purpose of the ALE. Allowed uses of the Protected Property include the specific uses allowed in Section I, Paragraph (2)(B)(i)-(v) and the following activities, subject to the qualifications stated below: (A) Agricultural Production — The production, processing, and marketing of livestock and agricultural products compatible with the Purpose of the ALE are allowed provided these activities are conducted in a manner consistent with the terms of the ALE deed. (B) Forest Management and Timber Harvest — Forest management and timber harvesting are allowed, provided these activities are carried out, to the extent practicable, in accordance with current, generally accepted best management practices for the sites, soils, and terrain of the Protected Property. (C) On -Farm Energy Production — Renewable energy production is allowed for the purpose of generating energy for the agricultural and residential needs of the Protected Property. Renewable energy sources must be built and maintained within impervious surface limits and consistent with the Purpose of the ALE. SECTION II - PROTECTION OF THE UNITED STATES'S INTERESTS 1. United States Right of Enforcement. Pursuant to 16 U.S.C. Section 3865 et seq., the United States is granted the right of enforcement that it may exercise only if the terms of the ALE Deed are not enforced by the Grantee. The Secretary of the United States Department of Exhibit F 4 Agriculture (the "Secretary") or the Secretary's assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal law if the Grantee, or its successors or assigns, fails to enforce any of the terms of this ALE Deed, as determined in the sole discretion of the Secretary. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement or remedial action related to the enforcement of this ALE Deed from the Grantor, including, but not limited to, attorney's fees and expenses related to Grantor's violations. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement of this ALE Deed from the Grantee, including, but not limited to, attorney's fees and expenses related to Grantee's violations or failure to enforce the ALE Deed against the Grantor, up to the amount of the United States's contribution to the purchase of the ALE. The Grantee will annually monitor compliance and provide the United States with an annual monitoring report that documents that the Grantee and Grantor are in compliance with the ALE Deed. If the annual monitoring report is insufficient or is not provided annually, or if the United States has a reasonable and articulable belief of an unaddressed violation, as determined by the Secretary, the United States may exercise its right of inspection. For purposes of inspection and enforcement of the ALE Deed and the United States ALE Agreement with the Grantee, the United States will have reasonable access to the Protected Property. Prior to its inspection of the Protected Property, the United States shall provide advance notice to Grantee and Grantor and provide Grantee and Grantor a reasonable opportunity to participate in the inspection. In the event of an emergency, the United States may enter the Protected Property to prevent, terminate, or mitigate a potential or unaddressed violation of the ALE Deed and will give notice to Grantee and Grantor at the earliest practicable time. 2. General Disclaimer and Grantor Warranty. The United States, its employees, agents, and assigns disclaim and will not be held responsible for Grantee's or Grantor's negligent acts or omissions or Grantee's or Grantor's breach of any representation, warranty, covenant, or agreements contained in this ALE Deed, or violations of any Federal, State, or local laws, including all Environmental Laws (defined below) including, without limitation, those that give rise to liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, costs of actions, or sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which the United States may be subject or incur relating to the Protected Property. Grantor must indemnify and hold harmless the United States, its employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which United States may be subject or incur relating to the Protected Property, which may arise Exhibit F from, but are not limited to, Grantor's negligent acts, omissions, or breach of any representation, warranty, covenant, agreements contained in this ALE Deed or violations of any Federal, State, or local laws, including all Environmental Laws (defined below). 3. Environmental Warranty. As used herein, "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right -to -know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection, and similar environmental health, safety, building, and land use as may now or at any time hereafter be in effect. As used herein, "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution, or substance that may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with, or any liability under, any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of an undisclosed release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. Furthermore, Grantor warrants the information disclosed to Grantee and United States regarding any past violations or noncompliance with Environmental Laws and associated remedial actions, or any past releases of Hazardous Materials and any associated remedial actions is complete and accurate. Moreover, Grantor hereby promises to hold harmless and indemnify Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any hazardous materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation will not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee on the Protected Property; provided, however, that Grantee will be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. Exhibit F 6 4. Extinguishment, Termination, and Condemnation. The interests and rights under this ALE Deed may only be extinguished or terminated with written approval of the Grantee and the United States. Due to the Federal interest in this ALE, any proposed extinguishment, termination, or condemnation action that may affect the United States's interest in the Protected Property must be reviewed and approved by the United States. With respect to a proposed extinguishment, termination, or condemnation action, the Grantee and the United States stipulate that the fair market value of the ALE is 59.33 percent, hereinafter the "Proportionate Share," of the fair market value of the land unencumbered by this ALE. The Proportionate Share will remain constant over time. If this ALE is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse Grantee and the United States an amount equal to the Proportionate Share of the fair market value of the land unencumbered by this ALE. The fair market value will be determined at the time all or a part of this ALE is terminated, extinguished, or condemned by an appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards or Federal Land Acquisition (UASFLA). The appraisal must be completed by a certified general appraiser and be approved by the Grantee and the United States. The allocation of the Proportionate Share between the Grantee and the United States will be as follows: (a) to the Grantee or its designee, sixty (60%) percent of the Proportionate Share; and (b) to the United States forty (40%) percent of the Proportionate Share. Until such time as the Grantee and the United States receive the Proportionate Share from the Grantor or the Grantor's successor or assign, the Grantee and the United States each have a lien against the Protected Property for the amount of the Proportionate Share due each of them. If proceeds from termination, extinguishment, or condemnation are paid directly to Grantee, the Grantee must reimburse the United States for the amount of the Proportionate Share due to the United States. 5. Amendment. This ALE Deed may be amended only if, in the sole and exclusive judgment of the Grantee and United States, by and through the Chief of NRCS, such amendment is consistent with the Purpose of the ALE and complies with all applicable laws and regulations. The Grantee must provide timely written notice to the Chief of NRCS of any proposed amendments. Prior to the signing and recordation of the amended ALE Deed, such amendments must be mutually agreed upon by the Grantee, Grantor, and United States, by and through the Chief of NRCS. Any purported amendment that is recorded without the prior approval of the United States is null and void. Exhibit F 7 MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS EXHIBIT A Legal Description TRACT 1: Parcel 5 of that certain Survey as recorded May 9, 2007, in Book 34 of Surveys, pages 42 and 43, under Auditor's File No. 200705090017, records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 8, Township 18 North, Range 19 East, W.M, in the County of Kittitas, State of Washington. TRACT 2: Parcels A, B, C and D of that certain Survey as recorded July 5, 2007, in Book 34 of Surveys, pages 78 and 79, under Auditor's File No. 200707050010, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 3: Parcels S1, S2, S3, S4 and S5 of that certain Survey as recorded July 10, 2007, in Book 34 of Surveys, pages 82 and 83, under Auditor's File No. 200707100002, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 4: Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W of that certain Survey as recorded July 11, 2007, in Book 34 of Surveys, pages 89 and 90, under Auditor's File No. 200707110035, records of Kittitas County, Washington, being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 5: Parcels 1E,2E, 3E, 4E, 5E, 6E, and 7E of that certain Survey as recorded July 12, 2007, in Book 34 of Surveys, pages 93 and 94, under Auditor's File No. 200707120013, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, in the County of Kittitas, State of Washington. TRACT 6: Parcels 1, 2, 3, 4, 5, 6, 7, and 8 of that certain Survey as recorded July 13, 2007, in Book 34 of Surveys, pages 95 and 96, under Auditor's File No. 200707130037, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. Minimum Terms for ALE - Exhibit A TRACT 7: Parcels A, B, C, D and E of that certain Survey as recorded July 25, 2007, in Book 34 of Surveys, pages 106 and 107, under Auditor's File No. 200707250023, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. Parcel Number: Abbreviated Legal: Being a ptn of Sec 5, Twp 18N, Rge 19E, W.M. Purported Address: 8001 Naneum Road Ellensburg, Washington 98926 Minimum Terms for ALE — Exhibit A MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS EXHIBIT B Separately Conveyable Parcels and Impervious Surface Limitations 953195 931036' 027 acres of 194234 Impervious Surface 220 acres of allowed Impervious Surface allowed 1 10 acres of Impervious Surface allowed within these 32 parcels- collectively Separately Conveyable Parcel N Refer to Section 6.13.2. in the Conservation Easement M.approducea by FORTERRA Property Subject to Conservation Easement Aod'12020 Current Tax Parcel Boundary Feet Property and tax parcel boundaries courtesy of Kittitas County 0 500 1.000 GIS data published Jan uary 2019. Minimum Terms for ALE — Exhibit B 931036' 953203' 953202' 953204' 14796 953196' 953205' 0 27 acres of Impervious Surface 953197' allowed 953218' 953219' 953199• 953206 953221' 953220' 0.82 acres of Impervious Surface 18040 953200' allowed 0.82 acres of 953222' 953223' Impervious Surface allowed 953189` 953208' 953209' 953210' 953207' 953225' 953224' 953190' 953192` 953193" 953211' 953212' 953213` 953214' 953191• 1 10 acres of Impervious Surface allowed within these 32 parcels- collectively Separately Conveyable Parcel N Refer to Section 6.13.2. in the Conservation Easement M.approducea by FORTERRA Property Subject to Conservation Easement Aod'12020 Current Tax Parcel Boundary Feet Property and tax parcel boundaries courtesy of Kittitas County 0 500 1.000 GIS data published Jan uary 2019. Minimum Terms for ALE — Exhibit B MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS EXHIBIT C Building Envelopes Building Envelope Boundary N Map produced by FORTERRA uProperty Subject to Conservation Easement Apri12. 2020 Current Tax Parcel Boundary Feet Property and tax parcel boundaries courtesy of Klttltas County 0 500 1,000 GIS data published January 2019. s Minimum Terms for ALE — Exhibit C MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS EXHIBIT D Limited Mining Activities Area Q Limited Mining Area (0.5 acres) N Map produced b/ FORTERRA Property Subject to Conservation Easement AprR 2, 2020 Current Tax Parcel Boundary Feet Property and tax parcel boundaries courtesy of Kitillas County o 500 1,000 GIS data published January 2019. S Minimum Terms for ALE — Exhibit D File No. 265429AM Page. 1 A AmA,er�'ttle W Fifth Ave. Ellensburg, WA 98926 (509)925-1477 FAX (509)962-8325 TO: AMERITITLE, INC. ESCROW INSTRUCTIONS ESCROW # 265429AM Seller(s): Brent Minor and Mary Minor Buyer(s): Kittitas County, a political subdivision of the State of Washington and Forterra NW, a Washington nonprofit corporation Legal Description: See Exhibit "A" attached Seiler hereby deposits,. or shall cause to be deposited, the followinwith escrow under these instructions: Deed of Agricultural Conservation Easement from Seller to Buyer (to be recorded); Real Estate Excise Tag Affidavit(s), as applicable; Settlement Statement and/or Closing Statement which has been approved and is incorporated into and made a part of these instructions; Seller authorizes preparation, delivery, release, and recording of documents when AmeriTitle, Inc. holds for the account of the seller the sum as shown on the signed estimated closing statement and further authorizes credits, deductions, and adjustments as set forth on the signed estimated closing statement. Certain items shown on the closing statement are estimates only and the final figures may be adjusted to accommodate enact amounts required at the time of disbursement. Sellers represent to AmeriTitle, Inc. they have read and approved the herein mentioned commitment for title insurance and have not executed any lien documents (such as a deed of trust or mortgage) that are not reflected on the commitment for title insurance. Sellers further acknowledge and will indemnify AmeriTitle, Inc. against any loss should alien be executed by the undersigned and recorded prior to the closing of this transaction. Bummer hereby deposits, or shall cause to be deposited, the following with escrow under these instructions: Certified or Collected funds as required to close; Deed of Agricultural Conservation Easement from Seller to Buyer (original to be recorded); Real Estate Excise Tax Affidavit(s), as applicable; Settlement Statement and/or Closing Statement which has been approved and is incorporated into and made a part of these instructions; Buyer authorizes preparation, delivery, release and recording of documents when AmeriTitle, Inc. is prepared to issue an Owner's Title insurance policy (ALTA 2006) in form in the amount of the sales price insuring the Grantee on the deed deposited by Seller on the property described in the commitment for title insurance: order # 265429AM, report # 3 subject to exceptions # 1 through 46, 49 through 60, 63 through 69 and 71 through 74 and recorded documents as shown above. Unless instructed differently within this file title to the subject property shall be conveyed into the names of Kittitas County, a political subdivision of the state of Washington and Forterra NW, a Washington nonprofit corporation Closing. The expression "Close" or "Close of Escrow" for purposes of this agreement, means the date in which documents referred to herein are filed for record or in the case where there are no filings, when documents have been executed by all parties and funds exchanged. We understand that recording and disbursement may be subject to final review and the approval of the loan package by the lender. Documents may be released to a third party vendor for delivery to the parties and/or lender/broker involved. Under the lender's instruction and at AmeriTitle, Inc.'s discretion, AmeriTitle, Inc. may record the documents in this transaction prior to the receipt of loan funds from the lender. These instructions are considered final and cannot be changed by buyer or seller once AmeriTitle, Inc. holds all necessary executed documents and all collected funds. Hazard Insurance: In all acts in this escrow relating to hazard insurance, including adjustments, if any, AmeriTitle, Inc. shall be fully protected in assuming that each policy is in force and that the necessary premium therefore has been paid. The parties are to secure coverage outside of this escrow to protect their interest(s) as they may appear. File No. 265429AM Page. 2 Copies. AmeriTitle, Inc. is authorized to furnish to any attorney, tax advisor, broker, or lender identified with this transaction, or anyone acting on behalf of such attorney, tax advisor, broker, or lender, any information concerning this escrow, copies of all instructions, amendments and statements upon request. Counterpart & Email: These instructions may be signed in counterparts, with like effect as if all signatures appeared on a single copy. Consent, acceptance or approval required or remitted by any party hereunder may be given by email and AmeriTitle, Inc. may complete all necessary actions without receipt of original signed instructions. Receipt & Disbursement of funds: AmeriTitle, Inc. may at their discretion, receive and/or disburse any funds in connection with this agreement by electronic wire transfer. If required by any of the parties to utilize this method of transfer, the requesting party agrees to pay any reasonable fee as assessed by AmeriTitle, Inc. for this service. Refunds: Any funds remaining on deposit after closing or refunds received by you will be refunded to the party whose account was charged. No further instructions will be required by you from either party prior to the disbursement of any such refund. If for any reason funds are retained or remain in escrow after closing date, you are to deduct therefrom a reasonable charge as custodian thereof not to exceed Twenty - Five Dollars ($25.00). Payoffs tia Releases: Seller and Buyer authorize and instruct AmeriTitle, Inc. upon closing to pay all liens being released or discharged through this escrow in accordance with the payoff statements or instructions received by AmeriTitle, Inc. from the lien holders. Seller and Bu er acknowle4ge the oilowin : AmeriTitle, Inc. has no liability or responsibility with respect to the following matters: (Unless expressly authorized by separate written instruction and acknowledged by AmeriTitle, Inc.) • Compliance with the requirements of the Consumer Credit Protection Act or Interstate Land Sales Act, or similar laws. • Compliance with State or Federal law relating to construction liens, homeowners protection act or lead based paint, seller disclosures, subdivision acts and/or zoning ordinances. • Compliance with the collection, withholding, reporting or payment of any amounts due under Section 1445 and 6039C of the Internal Revenue Code or other related statute or regulation of the Foreign Investment in Real Property Tax Act, commonly referred to as FIRPTA. • Filing and/or searching for any filed Financing Statements (UCC -1) and/or their release. • Utilities such as but not limited to water, sewer, waste collection, electricity, fuel inventory will be handled by the parties outside of this escrow. • Should this transaction fall under the Housing and Economic Recovery Act (HERA), the parties represent to AmerMtle, Inc. all review dates have been granted to them by their lender and the parties acknowledge AmeriTitle, Inc. is not monitoring any compliance dates on their behalf. Seller and/or Buaer agree to the following; Continuing Authorization to Close: Seller and Buyer declare that these instructions are a continuing authorization to close when all of the documents and funds for closing are deposited, unless Seller or Buyer deposits a written notice to cancel or suspend the authorization to close before this transaction is considered final. Seller and Buyer declare that time is of essence for these instructions. These instructions are considered final and cannot be changed by buyer or seller once AmeriTitle, Inc. holds all necessary executed documents and all collected funds. Contingencies of Earnest Money Agreement: All terms and provisions of the Earnest Money Agreement and any amendments or addendums thereto have been complied to with the complete satisfaction of the parties or will be complied with outside of escrow. These closing escrow instructions are not intended to amend, modify or supersede the terms and conditions set forth in the Real Estate Purchase and Sale Agreement and Addendums thereto, if any. Escrow is to be concerned only with the provisions specifically set forth in these instructions and identified by the Buyer and Seller as conditions to the closing of this escrow. Termination of Escrow: AmeriTitle, Inc.'s liability hereunder is limited to its obligations specifically set forth herein. AmeriTitle, Inc. may terminate this escrow at any time, without notice, or liability. Documents and monies shall be returned to the parties depositing them. Conflicting Instructions: In the event any dispute arises between the parties hereto or with any third person concerning the property, documents, or funds covered by these instructions, AmeriTitle, Inc. may at its election (a) hold all matters in their existing status pending resolution of such dispute to AmeriTitle, Inc.'s satisfaction, or (b) join or commence a court action and in such action deposit the funds and documents referred to herein with the court where such action is pending, and ask the court to determine the rights of purchaser and seller in and to such property, documents and funds, or (c) resolve by arbitration in accordance with the rules of the American Arbitration Association and any judgment rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. File No. 265429AM Page. 3 In the event of such dispute and AmeriTitle, Inc.'s election of an alternative described above, AmeriTitle, hic. shall have no further duties or obligations under this agreement other than either to hold such funds and documents until Purchaser and Seller have resolved their dispute or to deposit such funds and documents into court. Seller and Buyer shall be responsible for costs associated with any of the above actions taken. Attorney Fees: It is further agreed that in the event of any suit or claim made against AmeriTitle, Inc. by either or both parties to this agreement, that said parties shall be required to pay AmeriTitle, Inc. all expenses, costs and reasonable attorney's fees in connection therewith, whether suit is instituted by AmeriTitle, Inc. or any of the parties hereto. Certificate of Non Foreign Status Seller herein has provided escrow agent with a completed and executed Certification of Non Foreign Status confirming that they are not a Non Resident Alien, according to the definition under the Foreign Investment in Real Property Tax Act, commonly referred to as FIRPTA. This completed document shall be retained in the escrow file according to the document retention requirements of the state. In the event that the Buyer is notified by the Internal Revenue Service and upon written request along with a copy of the Internal Revenue Service notice, AmeriTitle, Inc. is authorized to provide a copy of the completed Certification of Non Foreign Status to the Buyer. Exception for exempt Seller: If the Seller is a U.S. Government Agency then they are exempt from FIRPTA withholding and escrow agent will not obtain a Certification of Non Foreign Status. If Seller is a Non Resident Alien, then it will be up to the Buyer to determine if FIRPTA applies. AmeriTitle, Inc. assumes no liability or responsibility to the seller and/or buyer for compliance under Section 1445 and 6039C of the Internal Revenue Code or other related statute or regulation of the Foreign Investment in Real Property Tax Act. If the parties determine that FIRPTA applies, the Seller and Buyer will be responsible for providing and completing the documents and forms required in the IRC code and for executing additional instructions to AmeriTitle, Inc.. AmeriTitle, Inc. will assist the Buyer and Seller in facilitating the withholding of funds from the Seller and delivering said funds to the IRS along with the executed forms. Acknowledgements and representations of Seller and Buyer: Legal Advice: AmeriTitle, Inc. is not licensed to practice law and AmeriTitle, Inc.'s duties and obligations under this agreement are limited to those of an escrow holder. Seller and Buyer have not been referred by AmeriTitle, Inc. to any named attorney or attorneys or discouraged from seeking advice of an attorney but have been advised to seek legal counsel of my own choosing at my own expense for any question we may have. Any and all documents, which AmeriTitle, Inc. has prepared for use in this transaction, have been prepared at the parties' direction and have been reviewed and are hereby approved as to content, form and terms. Deposits: Seller and Buyer understand that all checks will be processed for collection in the normal course of business. Parties further understand that all checks required to close must be payable to AmeriTitle, Inc. and must be collected funds, as required by federal and state statutes and regulations prior to your disbursement of any funds. AmeriTitle, Inc. may commingle funds received with escrow funds of others, and may, without limitation, deposit such funds in its escrow account with any bank authorized to do business in the state. It is understood that AmeriTitle, Inc., except by virtue of separate signed instructions there shall be no obligation to invest the funds on deposit on behalf of any depositor, nor shall AmeriTitle, Inc. be accountable for any earnings or incidental benefit attributable to the funds which may be received by AmeriTitle, Inc. while AmeriTitle, Inc. hold such funds. Settlement Statement Review: Pursuant to regulations adopted under the real estate settlement procedures act, I (we) have a right to review the settlement statement one day prior to closing and do hereby waive such right and instruct the settlement agent herein to proceed in accordance with alternative sections of such regulations. Buyer and Sellers understand not all transactions require a settlement statement. Review: The seller and buyer acknowledge that they have been given adequate time and opportunity to read and understand these escrow instructions and all other documents referred to in the transaction. The seller and buyer have read and approved the commitment for title insurance, estimated closing statement, escrow instructions and any addendums. Seller represents to AmeriTitle, Inc. there are no existing liens, assessments, taxes, deferred taxes, unpaid water or sewer bill, or any other obligations which are the responsibility of the seller and which are not shown on the above documents. The seller understands and agrees that any obligation known to them and not disclosed herein, remains the responsibility of the seller subsequent to the closing of this transaction. Undisclosed items: The undersigned understands and agrees that any obligation known to them and not disclosed herein remains the responsibility of the undersigned subsequent to the closing of this escrow. The undersigned seller further understands and agrees that any payoffs made on their behalf in this escrow are made by AmeriTitle, Inc. with complete reliance on figures supplied by the lender, creditor or taxing agency. In the event that additional funds are required to complete said payoffs, the undersigned hereby agrees to immediately upon request from AmeriTitle, Inc., provide the additional funds needed to complete said payoffs. Privacy Policy: In response to the Gramm -Leach -Bliley Act, the appropriate parties have been provided with a copy of AmeriTitle, Inc.'s Privacy Policy File No. 265429AM Page. 4 PLEASE READ THE COMMITMENT FOR TITLE INSURANCE AND YOUR CLOSING STATEMENT CAREFULLY BEFORE SIGNING THIS DOCUMENT. BE SURE ALL FACTS KNOWN TO YOU ARE ACCOUNTED FOR IN THIS ESCROW. AMERTTITLE, INC. AS THE ESCROW AGENT, IS A NEUTRAL THIRD PARTY AND CANNOT ADVISE YOU OR PROTECT YOUR LEGAL RIGHTS. YOU SHOULD CONSULT LEGAL COUNSEL FOR SUCH ADVICE AND PROTECTION. NOTICE: The Principal(s) to this escrow are hereby notified that the funds deposited in this escrow are insured only to the limit provided by the Federal Deposit Insurance Corporation. AmeriTitle, Inc. assumes no responsibility for, nor will Purchaser and Seller hold AmeriTitle, Inc. liable for, any loss occurring which arises from the fact that the amount of the above account may cause the aggregate amount of any individual depositor's accounts to exceed such amount and that the excess amount is not insured. We further understand that certain banking instructions such as, but not limited to, repurchase agreements and letters of credit are not covered at all by such insurance. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SIGNATURES SIGNATURES SELLER(S): BUYER(S): Kittitas County, a political subdivision Brent Minor of the State of Washington w BY: Mary Minor Brett Wachsmith, Chairman of the Board of Commissioners Kittitas County, Washington Forterra NW, a Washington nonprofit corporation Michelle Connor, President and CEO 205 W 5th Ave Ellensburg, WA 98926 Accepted AMERITITLE, INC. By: Marla Williams EXHIBIT "A" 265429AM Parcel 5 of that certain Survey as recorded May 9, 2007, in Book 34 of Surveys, pages 42 and 43, under Auditor's File No. 200705090017, records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 8, Township 18 North, Range 19 East, W.M, in the County of Kittitas, State of Washington. TRACT 2: Parcels A, B, C and D of that certain Survey as recorded July 5, 2007, in Book 34 of Surveys, pages 78 and 79, under Auditor's File No. 200707050010, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. O RAT- 1m Parcels S1, S2, S3, S4 and S5 of that certain Survey as recorded July 10, 2007, in Book 34 of Surveys, pages 82 and 83, under Auditor's File No. 200707100002, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 4: Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W of that certain Survey as recorded July 11, 2007, in Book 34 of Surveys, pages 89 and 90, under Auditor's File No. 200707110035, records of Kittitas County, Washington, being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 5: Parcels 1E,2E, 3E, 4E, 5E, 6E, and 7E of that certain Survey as recorded July 12, 2007, in Book 34 of Surveys, pages 93 and 94, under Auditor's File No. 200707120013, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, in the County of Kittitas, State of Washington. TRACT 6: Parcels 1, 2, 3, 4, 5, 6, 7, and 8 of that certain Survey as recorded July 13, 2007, in Book 34 of Surveys, pages 95 and 96, under Auditor's File No. 200707130037, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 7: Parcels A, B, C, D and E of that certain Survey as recorded July 25, 2007, in Book 34 of Surveys, pages 106 and 107, under Auditor's File No. 200707250023, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. American Land Title Association File No./Escrow No.: 265429AM AmeriTitle, Inc. 101 W Fifth Ave. Officer/Escrow Officer. Ellensburg, WA 98926 (509)925-1477 Property Address: 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (194234, 953195, 953203, 931036) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953202, 953204, 14796, 953196) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953205, 953197, 953218, 953219) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953198, 953199, 953221, 953220) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953201, 953200, 953222, 953223) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953206, 953189, 953190, 953225) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953224, 953207, 953208, 953209) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953210, 953191, 953192, 953193) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953211, 953212, 953213, 953214) 8001 NANEUM RD. ELLENSBURG, WA 98926 (KITTITAS) (953194, 14795, 18040) Buyer: FORTERRA NW, A WASHINGTON NOP 901 5th Avenue Suite 2200 Seattle, WA 98164 KIT 1TAS COUNTY. A POLITICAL SUBI 205 West 5th Ave Ellensburg, WA 98926 Seller. BRENT MINOR AND MARY MINOR Settlement Date: 5/8/2020 ALTA Settlement Statement - Buyer Adopted 05-01-2015 .Government Recondim and Transfer charges Real Estate Excise Tax to Mies County Treasurer $25,646.70 _ $25,846.70 i Recodiru Fee: Conservation Easement toAmerlTrtle, Inc. $164.50 1 $164.50 T Page 1 of 2 File # 265429AM Printed on 4/15/2020 at 10:13 AM P.O.C. Debit =. Credit, Deposits, credits, CeNts T Sale Price of P $1,689,000,0 Title Cha es Idle - Owners Tide Insurance to AmenTitle, Inc. $3,671.00 Title - settlement or Closing Fee to AmeriTi le, Inc. $2,415.00 .Government Recondim and Transfer charges Real Estate Excise Tax to Mies County Treasurer $25,646.70 _ $25,846.70 i Recodiru Fee: Conservation Easement toAmerlTrtle, Inc. $164.50 1 $164.50 T Page 1 of 2 File # 265429AM Printed on 4/15/2020 at 10:13 AM ciad Subtotals $0.001 $1.721,097. $0. ,4 DUeFnomB—r $1721,D972 $0.001 $1,721.097.20) $1,721007,20 Please note, ourvilre Instructions will not change. It you should get emalls requesting a change to the vAre Instructions, please contact me immediately at (509)9251477. We bring this to your attention because, unfortunately, real estate transactions area targetforvvire fraud. Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by mein this transaction and further certify that I have received a copy of the ALTA Settlement Statement Well authorize AmenTitle, Inc. to cause the funds to be disbursed in accordance with this statement. BUYER(S) Forterns NW, a Washington nonprofit corporation By Michelle Connor, President and CEO Kftft County, a political subdivision of the State of Washington BY, BreftWachsmith, Chairman of the Board of Commissioners Kdfts Countv. Washinator File # 26542SAM Page 2 of 2 Printed on 411512020 at 10:13 AM Department of " 0.00 Reven ue � REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt Washington State CHAPTER 82,45 RCW - CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILLNOT BEACCEPTED UNLESS ALLAREAS ON ALL PAGES ARE FULLY COMPLETED ❑ Check box if the sale occurred Only for asks in a single location code on or after January 1, 2020. PLEASE TYPE OR PRINT in more than one location woe. City/Stde'Zip ❑ Check box if partial sale. indicate % sold. List percentaxe of ownership acquired nest to each name. Name Brent Minor and Mary Minor, a married 0.00 Name CoWy of Kittitas, a political subdivision of the couple � State of Washington and Forterra NW a Washin ton Mallin Address g 8001 Naneum Rd nonpro eor ora on MailingAddtess 901 5pth Avenue, Suite 2200 d City/8-1zip Ellensburg, WA 98926 21.619.20 City/Stde'Zip 4.222.50 *DelinquentImerest: State $ 0.00 Phone No. (including area code) Phone No. (including area code) Send all property lox corresspondence to: ❑ Same as Buyen'Cnantee List all real and personal property tax parcel account nunbers - check box if personal property Listassessed values) Name Brent Minor and M Minor SEE EXHIBIT "A" ATTACHED ❑ SEE EXHIBIT "A" MmltngAdaress 8001 Naneum Rd ❑ ❑ C,ip Ellensburci, WA 98926 ❑ Phone No. (including area code) Streetaddress ofproperty: 6001 Naneum, nka Naneum Rd and nka Rader Rd., Ellensburg, WA 9(1926 This property is located in Kltlttas County ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if mare space is needed, you may attach a separate sheet to each page of the affidavit) AGRICULTURAL CONSERVATION EASEMENT ONLY SEE ATTACHED EXHIBIT"A" FOR LEGAL DESCRIPTION Selma Land Use Code(a): - AgdculWre clawf0ed under current use chapter 84.34 RCW enter any additional codes: (Sea bad: of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral ❑ Q under chapters 84.36, 84.37, or 84.38 RCW (nonprofit organization, senior citizen, or disabled person, homeowner with limited income)? Is this m3perty redominantly used for timber (as classified under ❑✓ ❑ 84t34A20)? VITA 1or 215�culture (as classified under RCW n YES NO Is this property designated as forest land per chapter 84.33 RCW 7 ❑ 0 Is this property classified as current use (o n space, farm and 0 ❑ agricultural, or timber) land per chapter 8434 RCW? 1s this property receiving special valuation as historical property ❑ ❑� per chapter 8426 RCW? If any answers are yes, complete as instructed below. p) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you mast sign on (3) below. The county assessor must then determine ifthe land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or dassi- fication, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for mon: information. This land ❑ does ❑ does not qualify for continuance DEPUIYASSFBSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S}. To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calow lined pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) NEW OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) Reason for exemption TypeofDocument Deed ofA9ricultural Conservation Easement Date of Document Gross Selling Price $ 1.689,000.00 *Personal Property (deduct) $ Exemption Claimed (deduct) S Taxable Selling Price S 1,689,000.00 Excise Tax State - - Ilse then $500,000.01 at I.1% $ 0.00 From 5500,000.01 to SI,500,000 at 1.29% S 0.00 From $1,500,000.01 to 53,000,000 at 2.75% $ 0Op Above $3,000,000 at3.0"/* $ 0.00 Agricultural and timberland at 128% $ 21,619.20 Total Excise Tax: State $ 21.619.20 0.0025 1 Local S 4.222.50 *DelinquentImerest: State $ 0.00 Local S 0.00 *Delinquent Penalty S 0.00 Subtotal $ 25.841.70 *State Technology Fee $ 50 *Affidavit Processing Fee $ 0.00 Total Due $ 25,846.70 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/0R TAX -SEE INSTRUCTIONS n-1 CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT Signatine of Signature of Grantor or Gramtor'sAgent Grantee or Grantee's Agent Name (print) Date & city of signing Name (print) Date & city of signing Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.001 or by both imprisonment and fine (RCW 9A10.020([Q). REV 84 0001a (12/6/19) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER EXHIBIT "A" AGRICULTURAL CONSERVATION EASEMENT ONLY TRACT 1: Parcel 5 of that certain Survey as recorded May 9, 2007, in Book 34 of Surveys, pages 42 and 43, under Auditor's File No. 200705090017, records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 8, Township 18 North, Range 19 East, W.M, in the County of Kittitas, State of Washington. TRACT 2: Parcels A, B, C and D of that certain Survey as recorded July 5, 2007, in Book 34 of Surveys, pages 78 and 79, under Auditor's File No. 200707050010, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 3: Parcels S1, S2, S3, S4 and S5 of that certain Survey as recorded July 10, 2007, in Book 34 of Surveys, pages 82 and 83, under Auditor's File No. 200707100002, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 4: Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W of that certain Survey as recorded July 11, 2007, in Book 34 of Surveys, pages 89 and 90, under Auditor's File No. 200707110035, records of Kittitas County, Washington, being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 5: Parcels 1E,2E, 3E, 4E, 5E, 6E, and 7E of that certain Survey as recorded July 12, 2007, in Book 34 of Surveys, pages 93 and 94, under Auditor's File No. 200707120013, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, in the County of Kittitas, State of Washington. 00ZJAQM$ Parcels 1, 2, 3, 4, 5, 6, 7, and 8 of that certain Survey as recorded July 13, 2007, in Book 34 of Surveys, pages 95 and 96, under Auditor's File No. 200707130037, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. Parcels A, B, C, D and E of that certain Survey as recorded July 25, 2007, in Book 34 of Surveys, pages 106 and 107, under Auditor's File No. 200707250023, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. EXHIBIT "A" CONTINUED NEXT PAGE EXHIBIT "An CONTINUED Parcel # Value 953195 $ 15,140.00 194234 596,760.00 931036 2,210.00 953204 2,920.00 953203 2,930.00 953202 2,210.00 953196 1,990.00 953205 2,920.00 953197 1,990.00 953218 1,990.00 953219 1,990.00 14796 16,760.00 953198 1,990.00 953199 1,990.00 953221 1,990.00 953220 1,990.00 953206 16,760.00 953201 1,990.00 953200 1,990.00 953222 2,430.00 953223 2,520.00 953189 2,520.00 953225 2,520.00 953224 2,520.00 953207 2,520.00 953208 2,520.00 953209 2,520.00 953210 2,520.00 953190 2,520.00 953192 2,520.00 953193 2,520.00 953211 2,520.00 953212 2,520.00 953213 2,520.00 953214 2,520.00 18040 34,560.00 953191 2,520.00 Transaction Identlircadon Data for reference only: Issuing Agent: AmeriTitle Issuing Office: 101 W Fifth Ave. Ellensburg, WA 98926 Customer Reference No.: Issuing Office File Number: 265429AM Property Address: 8001 Naneum Rd., Ellensburg, WA 98926 NKA. Naneiun Rd., Ellensburg, WA 98926 NKA Rader Rd., Ellensburg, WA 98926 READ AND APPROVED DATE SCHEDULE A 1. Commitment date: February 14, 2020 at 7:30 A.M. 2. Policy to be issued: (a) 2006 ALTA Owner's Policy QX Standard Coverage = Extended Coverage Rate: Proposed Policy Amount: $1,689,000.00 Premium: $3,671.00 Sales Tax: EXEMPT Proposed Insured: Forterra NW, a Washington nonprofit corporation and Kittitas County, a political subdivision of the state of Washington (b) 2006 ALTA Loan Policy Rate: Endorsements: Proposed Insured: 0 Standard Coverage = Extended Coverage Proposed Policy Amount: Premium: $0.00 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SEMPLE 4. Title to the estate or interest in the Land is at the Commitment Date vested in: Brent Minor and Mary Minor, husband and wife S. The Land is described as follows: TRACT 1: Parcel 5 of that certain Survey as recorded May 9, 2007, in Book 34 of Surveys, pages 42 and 43, under Auditor's File No. 200705090017, records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 8, Township 18 North, Range 19 East, W.M, in the County of Kittitas, State of Washington. 72C165947 Page 4 Schedule A — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. i - Reprinted under lioensefrom the American Land Title Association. 0=6-2016. American Land Title Association. All rights reserved. TRACT 2: Parcels A, B, C and D of that certain Survey as recorded July 5, 2007, in Book 34 of Surveys, pages 78 and 79, under Auditor's File No. 200707050010, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 3: Parcels Sl, S2, S3, 84 and S5 of that certain Survey as recorded July 10, 2007, in Book 34 of Surveys, pages 82 and 83, under Auditor's Tile No. 200707100002, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 4: Parcels 1W, 3W, 4W, 5W, 6W, 7W and 8W of that certain Survey as recorded July 11, 2007, in Book 34 of Surveys, pages 89 and 90, under Auditor's File No. 200707110035, records of Kittitas County, Washington, being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 5: Parcels lE,2E, 3E, 4E, 5E, 6E, and 7E of that certain Survey as recorded July 12, 2007, in Book 34 of Surveys, pages 93 and 94, under Auditor's File No. 200707120013, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, in the County of Kittitas, State of Washington. TRACT 6: Parcels 1, 2, 3, 4, 5, 6, 7, and 8 of that certain Survey as recorded July 13, 2007, in Book 34 of Surveys, pages 95 and 96, under Auditor's File No. 200707130037, records of Kittitas County, Washington; being a portion of the Southwest Quarter of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. TRACT 7: Parcels A, B, C, D and E of that certain Survey as recorded July 25, 2007, in Book 34 of Surveys, pages 106 and 107, under Auditor's File No. 200707250023, records of Kittitas County, Washington; being a portion of the West Half of Section 9, Township 18 North, Range 19 East, W.M., in the County of Kittitas, State of Washington. This page is only a part of a 2016 ALTA® Commitment for rde Insurance pssued by Chicago TiNe Insurance Company]. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Rsquirsmenfs; (andJ Schedule B, Part It--aceptionsf,and a countersignature by the Company or its issuing agent that may be in electronic form). 72C165647 Page 5 Schedule A- ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Mc -- Reprinted under license from the American Land Title Association. 02006-2016. American Land Title Association. All rights reserved. -P Issuing Office File No. 265429AM SCFIEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 6. All documents recorded in Washington State must include an abbreviated legal description and tax parcel number on the fust page of the document. The abbreviated description for this property is: Parcel 5, Book 34, pgs 42-43; ptn SE Quarter Section 8, Township 18N, Range 19E, W.M.; AND Parcels A, B, C and D, Book 34, pgs 78-79; ptn SW Quarter Section 9, Township 18N, Range 19E, W.M.; AND Parcels Sl, S2, S3, S4 and S5, Book 34, pgs 82-83; pta W Half Section 9, Township 18N, Range 19E, W.M.; AND Parcels IW, 3W, 4W, 5W, 6W, 7W and 8W, Book 34, pgs 89-90; pta SW Quarter Section 9, Township 18N, Range 19E, W.M.; AND Parcels IE, 2E, 3E, 4E, 5E, 6E, and 7E, Book 34, pgs 93-94; pta W Half Section 9, Township 18N, Range 19E, W.M.; Parcels 1, 2, 3, 4, 5, 6, 7, and 8, Book 34, pgs 95-96; ptn SW Quarter Section 9, Township 18N, Range 19E, W.M.; Parcels A, B, C, D and E, Book 34, pgs 106-107; pta W Half Section 9, Township 18N, Range 19E, W.M. Your order for title work calls for a search of property that is identified only by a street address or tax identification number. Based on our records, we believe that the description in this commitment describes the land you have requested we insure, however, we can give no assurance of this. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require verification of the legal description used for this commitment. 8. The company will require the following document in order to insure a conveyance, lease, exchange, other disposition or encumbrance by the corporation named below: Corporation: Forterra NW, a Washington non-profit corporation. An original or certified copy of the resolution of the Board of Directors authorizing the subject transaction. 9. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of Kittitas County. 72C165847 Page 6 Schedule B i - ALTA Cornnnitrnent For Title Insurance -03-01-2016 w -WA Mod The use ofthis Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. °- Reprinted under license from the American land Title Association. 02006-2016. American Land Title Association. All rights reserved. T 1 r Issuing Office File No. 265429AM NOTES A. Any map or sketch enclosed as an attachment herewith is furnished for informational purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the company assumes no liability for any loss occurring by reason of reliance thereon. B. In the event this transaction fails to close and this commitment is cancelled a fee will be charged complying with the state insurance code. C. According to the available County Assessor's Office records or information provided to the company, the purported address of said land is: 8001 Naneum Rd., Ellensburg, WA 98926 NKA Rader Rd., Ellensburg, WA 98926 NKA Naneum Rd., D. We would like to take this opportunity to thank you for your business, and inform you that your Title Officer is Hannah Hall, whose direct line is (509) 925-1477, and your Escrow Officer is Marla Williams, whose direct line is (509) 925-1477. This page is only a part of a 2016 ALTA® Commitment for Tule Insurance frssued by Chicago Title Insurance Company]. This Commilment is not valid without the Notice; the Commitment to Issue Policy, • the Commitment Conditions; Schedule A; Schedule 8, Part h -Requirements; [and7 Schedule B, Pad li—&ceptlonst and a oounter-signature by the Company or its issuing agent that may be in electronic form]. 72C16SB47 Page 7 Schedule B 1- ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of thts Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tttie Association, ts=06-2016. American Land Title Association. All rights reserved. -. Issuing Office File No. 265429AM SCHEDULE B, PART H EXCEPTIONS THIS CONIMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 3. Any facts, rights, interests, or claims which are not shown by the public records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 8. Any lien for service, installation, connection, maintenance, tap, capacity or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes: 72C165647 Page 8 Schedule B II — ALTA Commitment ForTrtle Insurance -08-01-2016 w -WA Mod The use ofthls Forth (or any derivative them is restricted to ALTA licensees and ALTA members In goad standing as of the date of use. All other uses are prohibited. Reprinted under Ifoense from the Amedcan Lantl Title Association. 02006-2016. American Land Title Association. All rights reserved. Issuing Office File No. 265429AM 10. General Taxes and Assessments — total due may include fire patrol assessment, weed levy assessment and/or irrigation assessment, if any. Taxes noted below do not include any interest or penalties which may be due after delinquency. Note: Tax year runs January through December with the first half becoming delinquent May 1st and second half delinquent November 1 st if not paid. For most current tax information or tax printouts visit: httn://taxsifter.co.kktitas.wa.us or call their office at (509) 962-7535. Tax Year: 2020 Tax Type: County Total Annual Tax: $375.04 Tax ID #: 18040 Taxing Entity: Kittitas County Treasurer First Installment: $187.52 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $187.52 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Tract 1 11. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953211 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects Parcel A of Tract 2 12. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953212 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel B of Tract 2 72C1651347 Page 9 Schedule B 11- ALTA Commitment For Title Insurance -08-01-2016 vv -WA Mod The use ofthis Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ali otheruses are prohibited. Reprinted under license from the American Land rileAssodadon. ®2006-2016. American Land Title Association. All rights reserved. Issuing Office File No. 265429AM 13. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953213 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel C of Tract 2 14. Tax Year. 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953214 Taxing Entity: Kittitas County Treasurer First Installment: $3198 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel D of Tract 2 15. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953189 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel S 1 of Tract 3 16. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953190 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel S2 of Tract 3 72C165B47 Page 10 Schedule B II — ALTA Commitment ForTdle Insurance -o6 -0i-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prahibited. Reprinted under license from the American Land Title Association. 02006-2016. American Land Title Association. All rights reserved. Issuing Office File No. 265429AM 17. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953191 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel S3 of Tract 3 18. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953192 Taxing Entity: Kittitas County Treasurer First Installment. $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel S4 of Tract 3 19. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953193 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel S5 of Tract 3 20. Tax You: 2020 Tax Type: County Total Annual Tax: $169.59 Tax ID #: 953195 Taxing Entity: Kittitas County Treasurer First Installment: $84.80 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $84.79 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 1W of Tract 4 72C165B47 Page 11 Schedule B II — ALTA Commitment ForTtle Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted MALTA licensees and ALTA members in good standing as of tie date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ®2006-2016. American Land TMe Association. A6 rights reserved. Issuing Office File No. 265429AM 21. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953196 Taxing Entity: Kittitas County Treasurer First Installment-. $2637 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 3W of Tract 4 22. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953197 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 4W of Tract 4 23. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953198 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 5W of Tract 4 24. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953199 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 6W of Tract 4 72C1165847 Page 12 Schedule B II — ALTA Commitment For Title Insurance -06-01-2016 w -WA Mod The use ofthis Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ®2006-2016. American Land Title Association. All rights reserved. Issuing Office File No. 265429AM 25. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953200 Taxing Entity: Kittitas County Treasurer First Installment: $2637 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 7W of Tract 4 26. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953201 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 8W of Tract 4 27. Tax Year: 2020 Tax Type: County Total Annual Tax: $6,328.14 Tax ID #: 194234 Taxing Entity: Kittitas County Treasurer First Installment: $3,164.07 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $3,164.07 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel IE of Tract 5 28. Tax Year: 2020 Tax Type: County Total Annual Tax $184.45 Tax ID #: 14796 Taxing Entity: Kittitas County Treasurer First Installi hent: $92.23 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $92.22 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 2E of Tract 5 72C765B47 Page 13 Schedule B II — ALTA Commitment For Title Insurance -08.01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. WIN, Reprinted under license from the American Land Title Association. ®2006.2016. American Land Tittle Association. All rights reserved. Issuing Office File No. 265429AM 29. Tax Year: 2020 Tax Type: County Total Annual Tax: $184.45 Tax ID #: 953206 Taxing Entity: Kittitas County Treasurer First Installment: $92.23 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $92.22 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 3E of Tract 5 30. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953207 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 Fust Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 4E of Tract 5 31. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953208 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 5E of Tract 5 32. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953209 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 6E of Tract 5 72CISSB47 Page 14 Schedule B II — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of this Forth (or any derivative thereof) is restdcted to ALTA licensees and ALTA members in good standing as cf the date of use. All other uses are prohibited. om Reprinted under license fmm the American Land Trge Association 02006-201 B. American Land Title Association. All rights reserved. 7P Issuing Office File No. 265429AM 33. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953210 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 7E of Tract 5 34. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953218 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 3 0, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 1 of Tract 6 35. Tax Year 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953219 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 2 of Tract 6 36. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953220 Taxing Entity: Kittitas County Treasurer First Installment: $2637 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 3 of Tract 6 72C165647 Page 15 Schedule B II — ALTA Commltment For Tide Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses an: prohlbded. Reprinted under license from the American Land Title Association. ®2006.2016. American Land Title Association. All rights reserved. JLI Issuing Office File No. 265429AM 37. Tax Year: 2020 Tax Type: County Total Annual Tax: $26.37 Tax ID #: 953221 Taxing Entity: Kittitas County Treasurer First Installment: $26.37 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 4 of Tract 6 38. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.03 Tax ID #: 953222 Taxing Entity: Kittitas County Treasurer First Installment: $31.03 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 5 of Tract 6 39. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953223 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 6 of Tract 6 40. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953224 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 7 of Tract 6 72C1651347 Page 1 e Schedule 1311— ALTA Comnidment For Title Insuranc&06-01-2016 w -WA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the data of use. All other uses are prohibited.:�� Reprinted under license tram the American Land Title Association. ®2006-2016. American Land Title Associatlon. All rights reserved. Issuing Office File No. 265429AM 41. Tax Year: 2020 Tax Type: County Total Annual Tax: $31.98 Tax ID #: 953225 Taxing Entity: Kittitas County Treasurer First Installment: $31.98 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel 8 of Tract 6 42. Tax Year: 2020 Tax Type: County Total Annual Tax: $28.74 Tax ID #: 931036 Taxing Entity: Kittitas County Treasurer First Installment: $28.74 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel A of Tract 7 43. Tax Year: 2020 Tax Type: County Total Annual Tax: $28.74 Tax ID #: 953202 Taxing Entity: Kittitas County Treasurer First Installment: $28.74 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel B of Tract 7 44. Tax Year: 2020 Tax Type: County Total Annual Tax: $36.46 Tax ID #: 953203 Taxing Entity: Kittitas County Treasurer First Installment: $36.46 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel C of Tract 7 72C165B47 Page 17 Schedule B II — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of this form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohitided. -- Reprinted under license from the American Land Title Associatron. ®2006-2016. American Land True Association. All rights reserved. Issuing Office File No. 265429AM 45. Tax Year: 2020 Tax Type: County Total Annual Tax: $36.36 Tax ID #: 953204 Taxing Entity: Kittitas County Treasurer First Installment: $36.36 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel D of Tract 7 46. Tax Year: 2020 Tax Type: County Total Annual Tax: $36.36 Tax ID #: 953205 Taxing Entity: Kittitas County Treasurer First Installment: $36.36 First Installment Status: Due First Installment Due/Paid Date: April 30, 2020 Second Installment: $0.00 Second Installment Status: Due Second Installment Due/Paid Date: October 31, 2020 Affects: Parcel E of Tract 7 47. Communication assessment for the year 2020, which becomes delinquent after April 30, 2020, if not paid. Amount: $30.00 Parcel No.: 194234 Note: This exception is for informational purposes only and will be removed from the final policy as the assessment is not a lien on real property. 48. Lien of real estate excise sales tax upon any sale of said premises, if unpaid. 49. This property is currently classified under the Open Space Taxation Statute R-C.W. 84.34. Sale of this property without notice of compliance to the county Assessor will cause a supplemental assessment, interest, and penalty to be assessed against the seller/transferor. Note: If it is the intent of the buyer/transferee in this transaction to request a continuance of this classification, please contact the Kittitas County Assessor's Office at (509) 962-7501 for their requirements. 50. Possibility of unpaid assessments levied by the Kittitas Reclamation District, notice of which is given by an amendatory contract recorded in Book 82 of Deeds, page 69, under Kittitas County Auditor's File No. 208267, no search having been made therefore. To obtain assessment information, please contact the Kittitas Reclamation District: 509-925-6158. 72C1651347 Page 16 Schedule B II — ALTA Commthnent For This Insurance -0801-2016 w -WA Mod The use ofthis Forth (or any derivative thereof) Is restricted to ALTA 11cansees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ®2006-2016. American Land Title Association. All rights reserved. Issuing Office File No. 265429AM 51. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: P. H. Schnebly Purpose: Constructing, operating, repairing and renewing an irrigation canal Recorded: August 2,1919 Instrument No.: 52742 Book 33 of Deeds, Page 361 Affects: A strip of land extending six feet from and on each side of the center line of the canal as now constructed, commencing at a point on the East bank of the East channel of Nanum Creek over and across the Southwest 1/4 of said Section 9 52. An easement including the terns and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: P. H. Schnebly Purpose: Easement to conduct water Recorded: July 25, 1919 Instrument No.: 52586 Volume 3 of Water Rights, Page 254 Affects: The Southwest 1/4 of said Section 9 53. The provisions contained in deed from Florence Cooke Roe and Stanley Roe, her husband and Charles Einkemeier, to the Kittitas County Reclamation District, Recorded: September 6, 1929, Instrument No.: 97081. Book 47 of Deeds, page 565 As follows: "Said grantors, for themselves and for their heirs, administrators and assigns, hereby acknowledge full satisfaction for all severance damages and claims thereto to all their lands adjacent to the lands herein conveyed by reason of or occasioned by the location, construction, maintenance and operation of an irrigation canal by the grantee, its successors or assigns, over and upon the premises herein conveyed." (Affects the West 1/2 of said Section 9) . 54. The provisions contained in deed from Ben F. Rader and Hilda Rader, husband and wife, and W. H. Rader, to the Kittitas Reclamation District, Recorded: December 12, 1929, Instrument No.: 98502. Book 48 of Deeds, page 158 As follows: "Said grantors, for themselves and for their heirs, administrators and assigns, hereby acknowledge full satisfaction for all severance damages and claims thereto to all their lands adjacent to the lands herein conveyed by reason of or occasioned by the location, construction, maintenance and operation of an irrigation canal by the grantee, its successors or assigns, over and upon the premises herein conveyed." (Affects the Southeast 1/4 of said Section 8). 55. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: Robert Edwards and Frances Edwards, husband and wife Purpose: A 12 inch irrigation pipeline 230 feet long together with the right of ingress for the purposes of maintaining, repairing and upkeep of said pipeline Recorded: September 11, 1957 Instrument No.: 265931 Volume 101, Page 28 Affects: A strip of land beginning at a point along the Kittitas Reclamation Ditch and conning across the Southwest comer of the Southwest 1/4 of the Southwest 1/4 of said Section 9 72C165847 Page 19 Schedule 6 II — ALTA Commitment ForTdle Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative thereo is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. C2006-2016. American Land Title Association. Ali rights reserved. Issuing Office File No. 265429AM 56. Pendency of Kittitas County Superior Court Cause No. 18145, STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, plaintiff vs. ART CARLSON, et at defendant, being an action for determination of water rights of the Wilson Creek - Naneum Creek drainage basin. Said action contains an Order Pendente Lite enjoining property owners from using or diverting the waters of Wilson Creek and Naneum Creek upstream from the point where Highline Canal crosses said streams. 57. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff, vs. James J. Acquavella, et al, Defendants; notice of which is given by Lis Pendens recorded on October 14, 1977, in Volume 90, page 589, under Kittitas County recording number 417302, and supplemental notice of Lis Pendens recorded June 4, 1980, in Volume 131, page 63, under Auditor's File No. 442263; being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney General) NOTE: The policy/policies to be issued include(s) as one of the printed exceptions to coverage: "Water rights, claims or title to water" as set forth as Paragraph 6C, or 5C if Homeowner's Policy, in the general exceptions which are printed on Schedule B herein. The pending action involves such water rights and therefore, will not be set forth as a separate exception in said policy/policies 58. Easement "F", being 60 feet in width, as delineated on that certain survey recorded December 23, 1992 in Book 19 of Surveys, pages 27 and 28, under Auditor's File No. 555639. 59. Declaration and Covenants, conditions, restrictions, easements and reservations, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: June 30, 1993 Instrument No.: 560831 Modification(s) of said covenants, conditions and restrictions Recorded: February 1, 1999 Instrument No: 199902010041 60. Reservation of Oil, gas, minerals, or other hydrocarbons, including the terms and provisions contained therein, in deed from Mark J. McWhorter. Recorded: January 12, 1995 Instrument No.: 578439 and 200112120010 Volume 362, page 671 The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 72C1651347 Page 20 Schedule 6 II — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod The use of this Form (or any derivative theme Is restricted to ALTA licensees and ALTA members In good standing as of the data of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ®2006-2016. American Land Title Association. All rights reserved. ., Issuing Office File No. 265429AM 61. A Deed of Trust, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Amount: $400,000.00 Trustor/Grantor: Brent Minor and Mary Minor, husband and wife Trustee: Chicago Title, a Missouri corporation Beneficiary: Washington Mutual Bank, a Washington corporation Dated: February 18, 2003 Recorded: February 25, 2003 Instrument No.: 200302250025 Affects: A portion of Parcel IE of Tract 5 62. A Deed of Trust, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Amount: $157,000.00 Trustor/Grantor: Brent Minor and Mary Minor, Trustee: Group 9, Inc., a Pennsylvania corporation Beneficiary: Washington Mutual Bank,, FA, a federal association Dated: April 24, 2006 Recorded: May 9, 2006 Instrument No.: 200605090022 Affects: A portion of Parcel IW of Tract 4 Substitution of Trustee recorded July 18, 2014, under Auditor's File No. 201407180023 63. The provisions contained in Survey, Recorded: May 9, 2007, Instrument No.: 200705090017. Book 34, pages 42 and 43 As follows: a) Location of fenceline in relation to property boundaries affecting Parcel 5 b) Notes contained thereon 64. The provisions contained in Survey, Recorded: July 5, 2007, Instrument No.: 200707050010. Book 34, pages 78 and 79 As follows: a) 60' and 55' radius Easement "Q" b) Notes contained thereon 65. The provisions contained in Survey, Recorded: July 10, 2007, Instrument No.: 200707100002. Book 34, pages 82 and 83 As follows: a) Location of fenceline in relation to property boundaries b) 60' Easement "F" c) 60' Easement "R" with 55' radius cul-de-sac d) Notes contained thereon 72C1651347 Page 21 Schedule B II — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mad The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. �: Reprinted under license from the American Land Title Association. 02006-2016. American Land True Association. All rights reserved. Issuing Office File No. 265429AM 66. The provisions contained in Survey, Recorded: July 11, 2007, Instrument No.: 200707110035. Book 34, pages 89 and 90 As follows: a) 60' Easement "F" b) Location of fencelines in relation to property boundary c) 60' Easement "S" with 55' radius cul-de-sac d) 20' Easement T' e) Notes contained thereon 67. The provisions contained in Survey, Recorded: July 12, 2007, Instrument No.: 200707120013. Book 34, pages 93 and 94 As follows: a) Location of fenceline in relation to property boundaries b) 60' Easement "(T" with 55' radius cul-de-sac c) Notes contained thereon 68. The provisions contained in Survey, Recorded: July 13, 2007, Instrument No.: 200707130037. Book 34, pages 95 and 96 As follows: a) Location of fenceline in relation to property boundaries b) 20' Easement`V' c) 60' Easement "S" d) 60' Easement "R" with 55' radius cul-de-sac e) 60' Easement "U' with 55' radius cul-de-sac f) Notes contained thereon 69. The provisions contained in Survey, Recorded: July 25, 2007, Instrument No.: 200707250023. Book 34, pages 106 and 107 As follows: a) 60' Easement "F" b) 60' Easement "S" c) 55' radius Easement "W" d) Location of fencelines in relation to property boundaries e) Notes contained thereon 70. A Mortgage, including the terms and provisions thereof, to secure the amount noted below and other amounts secured thereunder, if any: Amount $600,000.00 Mortgagor: Brent Minor and Mary Minor, husband and wife Mortgagee: Central Valley Bank, a division of Heritage Bank Dated: August 21, 2014 Recorded: August 27, 2014 Instrument No.: 201408270006 Affects: Said premises and other land 72C165647 Page 22 Schedule S II — ALTA Commitment For Title Insurance -06A1-2016 w -WA Mod The use of this Foran (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited.��� Reprinted under license from the American Land Title Association. 02006-201 G. American Land Tdle Association. All rights reserved. Issuing Office File No. 265429AM 71. Rights of the State of Washington in and to that portion of said premises, if any, lying in the bed or former bed of the Nancum Creek, if it is navigable. 72. Any question of location, boundary or area related to the Naneum Creek, including, but not limited to, any past or firture changes in it. 73. Any prohibition or limitation on the use, occupancy, or improvements of the Land resulting from the rights of the public, appropriators, or riparian owners to use any waters, which may now cover the Land or to use any portion of the Land which is now or may formerly have been covered by water. 74. A portion of the access to said premises is over Kittitas Reclamation District Lateral (RM and therefore, access to said premises is subject to the terms, conditions, regulations and restrictions of the Kittitas Reclamation District. END OF SCHEDULE B This page is only a part of a 2016 ALTA® Commitment for Tithe Insurance liissued by Chicago Title Insurance Company]. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part 1-17equirements; [and] Schedule B, Pal 11--F_xcepiionsG and a counter -signature by the Company or its issuing agent that may be in electronic form]. 72C165B47 Page 23 Schedule B II – ALTA Commitment For Title Insurance -08-01-2016 vi -INA Mod The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as or the data of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.®2006-2016. American Land Title Association. All rights reserved. Kittitas County Shoreline Master Program: Periodic Review Public Participation Plan 2020-2021 Introduction Kittitas County is undertaking a periodic review of its Shoreline Master Program (SMP), as required by the Washington State Shoreline Management Act (SMA), RCW 90.58.080(4). The SMA requires each SMP be reviewed and revised, if needed, on an eight-year schedule established by the Legislature. The review ensures the SMP stays current with changes in laws and rules, remains consistent with other Kittitas County plans and regulations, and is responsive to changed circumstances, new information and improved data. A Public Participation Plan is required to describe how Kittitas County will encourage early and continuous public participation throughout the process of reviewing the SMP. This Public Participation Plan describes the steps that Kittitas County will take to provide opportunities for public engagement and public comment, as well as Kittitas County contact information and web addresses. This plan is in addition to any other minimum requirements for public participation required by Kittitas County's Code Section 17B.07.130(3). This plan is a working document and will be adjusted as needed to provide for the greatest and broadest public participation. This plan will also be adjusted as needed to meet federal, state or local social distancing requirements related to COVID-19. 1.0 Public Participation Goals • Provide interested parties with timely information, an understanding of the process, and multiple opportunities to review and comment on proposed amendments to the SMP. • Actively solicit information from citizens, property owners and stakeholders about their concerns, questions and priorities for the Periodic Review process. • Encourage interested parties to informally review and comment on proposed changes to the SMP throughout the process and provide those comments to decision makers. • Provide opportunities for formal public input at project milestones prior to decision-making by local officials. • Consult and consider recommendations from neighboring jurisdictions, federal and state agencies, and Native American tribes. 2.0 Public Participation Opportunities Kittitas County is committed to providing multiple opportunities for public participation throughout the process. Kittitas County will use a variety of communication tools to inform the public and encourage their participation, including the following: 2.1 Website Kittitas County's website will include a Periodic Review webpage where interested parties can access status updates, draft documents, official notices, minutes, and other project information. The webpage will be the primary repository of all information related to the Periodic Review process. The page will include who to contact for more information and an email link for questions and comments. 2.2 Notice Mailing List An email list of interested parties will be created, advertised and maintained by Kittitas County. The list will be used to notify interested parties regarding Periodic Review progress and participation opportunities. Interested parties will be added to the list by contacting the Planning Department. 2.3 News Media The local news media will be kept up-to-date on the Periodic Review process and receive copies of all official notices. 2.4 Survey A community survey will be conducted to solicit specific feedback from interested parties and results will be posted on the Periodic Review webpage. 2.5 Open House Kittitas County hopes to initiate the Periodic Review with a community open house. However, with public gatherings uncertain at this time due to COVID-19 social distancing requirements, Kittitas County is preparing for alternate open house ideas, and will utilize a variety of other engagement opportunities, such as a community survey, the Periodic Review website, and public comment periods. Any public comments received during an open house or alternate public engagement will be posted on the Periodic Review webpage. 2.6 Noticing Comment Periods Interested parties will be encouraged to provide comments to Kittitas County by letter or email during all public comment periods. All comments will be forwarded to the Kittitas County Board of County Commissioners and Planning Commission. The Periodic Review webpage will be the central repository for information under consideration. Documents will be available for review at the Kittitas County Planning Department, and copies will be provided at the established copying cost. In an effort to mitigate the spread of COVID-19 and the Governor's Stay Home, Stay Healthy Order, Kittitas County Community Development Services is closed to the public until further notice. The documents will be available at such a time when the Kittitas County Community Development Services Office is allowed to reopen to the public. 2.7 Planning Commission Public Meetings and Hearings The Planning Commission will be the primary forum for detailed review and recommendations to the Kittitas County Planning Commission. Interested parties are encouraged to attend and provide comments during the Planning Commission deliberations and/or Kittitas County Planning Commission workshops and public hearings. Official notices will be published as established in Kittitas County policy. 3.0 List of stakeholders Kittitas County will engage the following stakeholders: • Individuals and organizations; • Planning commissioners and elected officials; • Property owners, residents and visitors within the incorporated and unincorporated portions of Kittitas County, surrounding communities, and the State of Washington; • Use and interest groups, corporations and businesses, and nonprofit organizations locally and statewide; and • Federal, state, and local agencies and tribal nations. See Appendix A for the current list of interested parties and stakeholders, and the potential public participation outreach approach. This list is a key component of the public participation program. This list will be converted to a mailing list that will be updated by Kittitas County Community Development Services throughout the process. Where possible, this list will be sorted by the identified categories. 4.0 Public Participation Timeline See Appendix B for a general identification of anticipated public participation opportunities. Kittitas County will coordinate with the Department of Ecology throughout the process. A description of the steps in the process is provided below. 4.1 Regional Shoreline Master Program Website A detailed timeline will be posted on the Periodic Review webpage. The participants intend to broadly disseminate this public participation program via a website dedicated to the regional shoreline planning process. Project web pages will be developed on the Kittitas County website to provide a forum for the public to obtain information regarding the SMP update and provide comments and/or input related to the project. The webpage will contain details and resources related to the SMP update, an events calendar, meeting summaries, regulatory mandates (RCW and WAC), the existing 2016 version of the Kittitas County Shoreline Management Program, links to specific pages on the WDOE website, the SMP grand agreement Scope of Work, and this public participation program. The webpage will be kept current and maintained throughout the duration of the project. 4.2 Initial Public Outreach To begin the SMP update process, Kittitas County will utilize a mixture of public outreach techniques, including: mailings to individuals, agencies, etc., listed on the initial mailing list identified in Appendix A; emailing to existing email groups from the Kittitas County email notification subscription service; providing a press release to local radio stations and newspapers. A poster board display will be available at the Kittitas County Community Development Services Office. However, in an effort to mitigate the spread of COVID-19 and the Governor's Stay Home, Stay Healthy Order, Kittitas County Community Development Services is closed to the public until further notice. The poster board will be available at such a time when the Kittitas County Community Development Services Office is allowed to reopen to the public. The initial outreach goals include: • Inform groups and individuals of the SMP process; • Gain key participants and update the list of interested parties and key stakeholders; • Draw people to the website for information and methods to stay engaged throughout the SMP update process. 5.0 Public Comment Periods and Hearings The Planning Commission will conduct a public comment period and at least one public hearing to solicit input on the Periodic Review. The Kittitas County Board of County Commissioners will hold one public hearing before final adoption. Kittitas County will coordinate with the Department of Ecology on public notification of comment periods and hearings to take advantage of Ecology's optional SMP amendment process that allows for a combined state -local comment period (WAC 173- 26-104). Public notice of all hearings will state who is holding the comment period and/or hearing, the date and time, and the location of any public hearing. Notices will be published per official policy and comply with all other legal requirements such as the Americans with Disabilities Act. A notice will be sent to the email list (2.4, above) and the Department of Ecology. 5.1 Notice for Draft SMP and SEPA Kittitas County will publish legal notices in the local newspapers for the draft SMP and SEPA and will send press releases to local newspapers and radio stations of upcoming public comment opportunities. Kittitas County will mail notices to interested parties and participants on the mailing list maintained for the SMP update process of upcoming public comment opportunities. The webpage will be updated to notify the public of the opportunity to comment on the draft plan and/or environmental documents. 5.2 60 -Day SEPA Comment and Open Houses Upon completion of a draft SMP and SEPA, Kittitas County will issue notification and a request for comment on the draft SMP and environmental documents. This combined comment period satisfies, in part, the notice and comment period requirements established by the Growth Management Act, Shoreline Management Act, and the State Environmental Policy Act. Kittitas County will catalog comments on the environmental documents and draft shoreline master program. Comments received, along with a summary of response and recommendations, shall be forwarded to the planning commission and elected officials for review and consideration. Open houses will be held to give the public an opportunity to review draft recommendations and ask questions about the draft plan or environmental documents. Draft recommendations will be available on the Kittitas County website for broad dissemination. 5.3 Notice for Planning Commission Hearing Kittitas County will publish legal notices in the local newspapers to notify the public of upcoming Planning Commission hearings. Kittitas County will mail notices to interested parties and participants on the mailing list maintained forthe SMP update process. Kittitas County will send press releases to local newspapers and radio stations of upcoming planning commission hearings. The webpage will be updated to notify the public of upcoming planning commission hearings. 5.3 Notice for Elected Officials Hearings Kittitas County will publish legal notices in the local newspapers to notify the public of upcoming Commissioner public hearings. Kittitas County will mail notices to interested parties and participants on the mailing list maintained for the SMP update process. Kittitas County will send press releases to local newspapers and radio stations of upcoming Commissioner public hearings. The webpage will be updated to notify the public of upcoming Commissioner public hearings. 5.4 60 -Day Notice of Adoption and Appeal Period Adoption of the Shoreline Master Program by the Department of Ecology will trigger a requirement that participating jurisdictions publish notification that the Department of Ecology has approved the SMP. A legal notice will be published in local newspapers, and participants on the maintained mailing list will be noticed. This notification will start a 60 -day appeal period consistent with the requirements of the Shoreline Management Act and the Growth Management Act. Appendix A: Interested Parties and Stakeholders ney aLarte1JU1urr Boards, Councils, Commissions General Public Specific Interest Groups Tribes and Governmental Agencies • Board of County Commissioners • Planning Commission Shoreline property owners Critical areas property owners where critical areas may extend shoreline jurisdiction Other interested parties Kittitas County email notification subscribers Builders Kittitas County Farm Bureau Futurewise Cattlemen's Association Central Washington Homebuilders Kittitas County Conservation Coalition Forterra Kittitas Audubon South Central Washington Resource Conservation and Development Council Kittitas County Field and Stream Kittitas Conservation Trust Kittitas County Conservation District Yakama Nation Cities within Kittitas County Schools districts within Kittitas County Central Washington University Kittitas Reclamation District Kittitas County Park and Recreation District No. 1 Outreach Approach • Staff briefings • Work sessions • Public meetings • Public hearings • Orientation meetings • Public hearings • Website • Email updates • Targeted mailings • Newspaper notices • Posters and bulletin board postings • County gatherings and festivals (Depending on federal, state, or local social distancing requirements due to COVID- 19) • Early engagement • Targeted Mailings • Email updates • Coordination meetings • Work sessions • Email updates • Targeted mailings • Northwest Power and Conservation Council • U.S. Army Corps of Engineers • U.S. EPA Region 10 • U.S. Fish and Wildlife Service • U.S. Forest Service • U.S. Bureau of Reclamation • Bonneville Power Administration • WA Dept. of Ecology • WA Dept. of Fish and Wildlife • WA Dept. of Natural Resources • WA Dept. of Transportation • WA State Parks and Recreation • Yakima Training Center • Northwest Training Range Complex • Department of Archaeology and Historic Preservation Media • Daily Record • Press release • Northern Kittitas County Tribune • Website • KXLE Radio • Email update Appendix B: Public Participation Process E 11 *Depending on federal, state, or local social distancing requirements due to COVID-19, Kittitas County may consider alternative public engagement opportunities in lieu of a community open house. Long Range Planning Work Items Priority Work Item Due Date 1 Apply for Shorline Master Program Update Grant June 30, 2020 2a Complete Critical Areas Ordinance Update ASAP 2b Shoreline Master Program Update June 30, 2021 3 Capital Improvement Program Update December 31, 2020 4 Annual Comprehensive Plan Docket Process December 31, 2020 5 8 -year Periodic Comprehensive Plan Update Process June 30, 2025 6 Evaluate Titles 15, 15A, 1513, 16 & 17 for needed updates and clean-up updated: February 21, 2020