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outdated and is due for an update.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