HomeMy WebLinkAboutResolution_Conservation Easement_Teanaway Ridge LLCKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA DATE:
ACTION REQUESTED
AGENDA STAFF REPORT
August 16, 2022
Request to Approve a Resolution Authorizing the
Chair's signature on a Conservation Easement
granted to Kittitas County by Teanaway Ridge
L.L.C.
BACKGROUND: Kittitas County Code (KCC) 14.08.315 requires that
activities that reduce floodplain storage be mitigated
through compensatory storage and that off-site
compensatory storage be protected through a legal
arrangement. Kittitas County issued floodplain
development permit FD -20-00004 authorizing
filling and grading within the Currier Creek
floodplain for road development and the use of fill
to elevate homes. This fill and grade is mitigated by
an off-site compensatory storage pond located on
property owned by Teanaway Ridge L.L.C.
Teanaway Ridge L.L.C. has signed a conservation
easement to ensure the off-site pond continues to
provide floodplain storge benefits. Per the terms of
the conservation easement Teanaway Ridge L.L.C.
is responsible for pond maintenance. Kittitas
County needs to sign as the grantee of the easement.
INTERACTION: Public Works
RECOMMENDATION: Approve the Resolution Authorizing the Chair's
signature on a conservation easement granted to
Kittitas County by Teanaway Ridge L.L.C.
HANDLING: Return the Original Conservation Easement to
Public Works for recording and a copy of the
Resolution to Public Works
ATTACHMENTS: Resolution; Conservation Easement Agreement
LEAD STAFF: Arden Thomas, Water Resource Manager
BOARD OF COUNTY COMMISSIONERS
COUNTY OF HITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2022 -
AUTHORIZING THE CHAIR'S SIGNATURE ON A CONSERVATION EASEMENT
GRANTED TO HITTITAS COUNTY BY TEANAWAY RIDGE L.L.C.
WHEREAS: Kittitas County Code (KCC) 14.08.315 requires that activities that would reduce
the effective floodplain storage be mitigated through compensatory storage and
that off-site compensatory storage be protected through a legal arrangement; and
WHEREAS: Kittitas County issued floodplain development permit FD -20-00004, authorizing
fill and grade within the Currier Creek floodplain for road development and home
elevation; and
WHEREAS: The fill authorized by FD -20-00004 is mitigated by an off-site compensatory
storage pond located on property owned by Teanaway Ridge L.L.C.; and
WHEREAS: Teanaway Ridge L.L.C. has prepared a conservation agreement naming Kittitas
County as the grantee and protecting the compensatory storage pond;
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, in the best interest of the public, does hereby approve the
Chair's signature a Conservation Easement granted to Kittitas County by
Teanaway Ridge L.L.C.
DATED this 16th day of August 2022, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Cory Wright, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Brett Wachsmith, Commissioner
After Recording, return to:
Kittitas County Public Works Department
Attention Arden: Thomas, Water Resources Manager
411 N Ruby ST, Suite 1
Ellensburg WA 98926
CONSERVATION EASEMENT AGREEMENT
Reference number(s) of related document: N/A
Grantor(s): Teanaway Ridge L.L.0
Grantee(s): Kittitas County
Abbreviated Legal Description Ptn. N'/ SE'/< S. 29, T. 20 N., R. 16 E.W.M.
Complete legal descriptions on Exhibit A.
Assessor's Tax Parcel No(s): 12586
EFFECTIVE DATE: V '?t-)' , 2022
THIS CONSERVATION EASEMENT AGREEMENT is entered into effective between
Teanaway Ridge L.L.C. ("Grantor") and Kittitas County Washington, a political subdivision of the
State of Washington ("Grantee") (together, the "Parties").
Recitals
A. Grantor owns the below legally described "Burdened Property," located in Kittitas
County, Washington.
B. Kittitas County Code (KCC) 14.08.315 requires that activities that would reduce
the effective floodplain storage be mitigated through compensatory storage and
that off-site compensatory storage be protected through a legal arrangement.
C. Floodplain development permit FD -20-00004 authorized filling and grading within
the Currier Creek floodplain to support road development and the creation of fill
pads for home elevation.
Conservation Easement - 1
D. Floodplain fill and grading authorized by FD -20-00004 is mitigated by an off-site
compensatory storage pond located on the Burdened Property.
E. Grantor proposes to impose the herein Conservation Easement to legally protect
the compensatory storage pond, as required by KCC 14.08.315.
NOW THEREFORE, subject to the terms and conditions set forth below, Grantor, for good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, grants and
conveys to Grantee a Conservation Easement on the following terms and conditions:
Agreement
1. Grantor, pursuant to KCC 14.08.315, hereby declares a Conservation Easement
against the Burdened Property, legally described, and depicted on Exhibit A hereto, to prohibit
any activities that would reduce the required compensatory storage pond volume (19,045.4 cubic
yards) or would reduce the hydrologic connection during the one (1) percent annual chance flood
event. The herein declaration is made in connection with and expressly conditioned on Grantee's
final and binding approval that flood development permit FD -20-00004 requirements have been
satisfied.
2. In connection with such declaration, the Parties understand and agree that, for so
long as the Conservation Easement shall remain in effect, Grantor, its heirs, successors, and
assigns, shall not be permitted to undertake any construction or improvements on the Burdened
Property that reduce the required compensatory storage pond volume (19,045.4 cubic yards) or
hydrologic connection during the one (1) percent annual chance flood event.
3. Following imposition of the Conservation Easement, Grantor shall continue to
privately own and manage the Burdened Property, it being the mutual intent of the Parties that
the grant of protection hereunder shall not exceed that necessary to legally protect the
compensatory storage pond. Except as specifically provided herein, imposition of the
Conservation Easement shall not restrict or prohibit Grantor, its heirs, successors, and assigns,
from using or undertaking any activity on the Burdened Property as allowed by local, state, and
federal law.
4. The grantor is responsible for all maintenance required to preserve the required
compensatory storage pond volume (19,045.4 cubic yards) or hydrologic connection during the
one (1) percent annual chance flood event.
5. Grantee, upon advance permission from Grantor, or pursuant to a validly issued
search warrant, shall be entitled to access the Burdened Property for the limited purpose of
monitoring Grantor's compliance with this Conservation Easement.
6. This Conservation Easement does not grant or permit public access to any
portion of the Burdened Property.
7. This Conservation Easement shall run with the land and shall be binding
on successors, assigns, heirs of Grantor and Grantee, until such time, if ever, as terminated in
the matter provided by law.
Conservation Easement - 2
8. In the event that any of the provisions contained in this Conservation Easement
are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect.
IN WITNESS WHEREOF, the undersigned have set their hands the day and year first
above written.
GRANTOR(S):
Teanaway Ridge L.L.C.
PX D nee
Manager
STATE OF WASHINGTON
County of Kittitas
GRANTEE(S):
Kittitas County
By: Laura Osiadacz, Chairman
Kittitas County Board of Commissioners
) ss.
I certify that I know or have satisfactory evidence that Pat Deneen is the person(s) who
appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and
acknowledged it as Governors of Teanaway Ridge LLC to be their free and voluntary act of such
entity for the uses and purposes mentioned therein.
Dated this day of % '2022.
Conservation Easement - 3
Notary Public in and for4he state of Washjngton,
residing in tV✓llrrJ/j�
My Commission Expires:
STATE OF WASHINGTON )
) ss.
County of Kittitas )
I certify that I know or have satisfactory evidence that Laura Osiadacz is the person who
appeared before me, and said person acknowledged that she signed this instrument and
acknowledged it as the authorized agent of Kittitas County, a political subdivision of the State of
Washington, to be their free and voluntary act of such entity for the uses and purposes mentioned
therein.
Dated this _ day of 2022.
Notary Public in and for the state of Washington,
residing in
My Commission Expires:
Conservation Easement - 4
Exhibit "A"
Legal Description of Burdened Property: See Attached Easement documents
Conservation Easement - 5
LEGAL DESCRIPTION FOR POND EASEMENT
Easement located in that portion of Parcel 1 as described in the Statutory Warranty Deed recorded under
Kittitas County Auditor's file number 200606060074 on June 6, 2006 and located in that portion of the
Southwest quarter of the Southwest quarter of Section 22, Township 18 North, Range 18 E.W.M; Kittitas
County, Washington, as delineated and described on the attached Exhibit Wand as described as follows:
Commencing at the Northeast corner of Lot 5, Palomino Fields Plat Div. VIII as recorded under Kittitas
County Auditor's File No. 202112090038, said property corner bears North 89030'21" West, a distance of
1184.79 feet from a found 3 - inch encased brass cap marking the Southeasterly corner of the Southwest
quarter of Section 22; thence North 30042'04" West, a distance of 1304.87 feet to the POINT OF
BEGINNING, said point also bears North 58°32'48" West, a distance of 2169.78 feet from said found 3 -
inch brass cap, said point herein referred to as Point W; thence along the following 18 courses;
1. North 88°51'01" West, a distance of 185.02 feet;
2. South 76048'18" West a distance of 49.37 feet;
3. North 84059'01"
West a distance of 60.73 feet;
4. North 66°29'26"
West a distance of 141.22 feet;
5. North 54020'09"
West a distance of 58.96 feet;
6. South 6702615"
West a distance of 53.23 feet;
7. South 41°33'55"
West a distance of 56.13 feet;
8. South 18034'09"
West a distance of 28.60 feet;
9. South 03°09'10"
West a distance of 92.45 feet;
10. South 16°32'41"
East a distance of 38.06 feet;
11. South 33°55'36"
East a distance of 45.69 feet;
12. South 57°22'09"
East a distance of 38.15 feet;
13. South 81°48'09"
East a distance of 138.10 feet;
14. North 89°34'56"
East a distance of 216.37 feet;
15. North 63041'03" East a distance of 161.17 feet;
16. North 22042'07" East a distance of 59.62 feet;
17. North 00°41'12" East a distance of 32.42 feet;
18. thence North 20°34'40" West a distance of 50.83 feet, to the POINT OF BEGINNING;
TOGETHER WITH a strip of land 17.00 feetwide, lying easterly and northeasterly of the following described
southwesterly sideline located in Southwest quarter of the Southwest quarter of Section 22, Township 18
North, Range 18 E.W.M; Kittitas.County, Washington, said sideline herein described as follows;
Commencing at said Point'A'- thence South 20°34'40" East, coincident with the boundary of said pond
easement to the Point of Beginning of said. sideline, a distance of 50.83 feet to a point, said point herein
referred to Point 'B'; thence along said sideline the following 5 courses, said sideline also being parallel
with and 25.00 feet southerly and southwesterly from the centerline of an access easement;
1. North 87°48'57" East, a distance of 73.49 feet;
2. South 67°49'42" East, a distance 45.50 feet;
3. South 55016'17" East, a distance of 132.87 feet;
4. thence South 43°36'29" East, a distance of 346.08 feet to a point herein referred to as Point 'C',
said point bears North 61029'24" West, a distance of 1558.65 feet from said found 3 - inch brass
cap;
The southerly end of the northeasterly sideline to terminate perpendicular to Point 'C'; the northerly end of
the northeasterly sideline to be lengthened to terminate at the line formed between said Point 'A' and said
Point 'B'.
All as shown on the exhibit attached hereto by this reference made a part thereof.
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DRAWN BY: RNS DATE: WPE PROJECT #: Scale: 1" = N/A
CHECKED BY: JPL May 18, 2022 22140