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Home My WebLink AboutResolution_Conservation Esmt_RasmusenKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: February 21, 2023 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Chair's signature on a conservation easement granted to Kittitas County by Kent and Annette Rasmusen. BACKGROUND: Kittitas County Code (KCC) Chapter 13.35 requires subdivision applicants meet adequate water supply determination requirements, including permanent measures for legal availability. KCC 13.35 allows that a conservation easement provide evidence that a new parcel will not require water. When this action is taken, legal mitigation does not need to be provided for the restricted lot for final approval of the short plat application. Kent and Annette Rasmusen have a pending final short plat application, SPF -23-00001 and have provided a conservation easement prohibiting new water use on lot 2. Kittitas County needs to sign as the grantee of the easement. INTERACTION: Public Works RECOMMENDATION: Approve the Resolution to Authorize the Chair's signature on a conservation easement granted to Kittitas County by Kent and Annette Rasmusen. 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 KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2023 - AUTHORIZING THE CHAIR'S SIGNATURE ON A CONSERVATION EASEMENT GRANTED TO KITTITAS COUNTY BY KENT AND ANNETTE RASMUSEN WHEREAS: Kittitas County Code (KCC) Chapter 13.35 requires that applicants for land uses that require water meet adequate water supply determination requirements; and WHEREAS: KCC 13.35 allows that a conservation easement provide evidence that a new parcel will not require water; and WHEREAS: Kittitas County has accepted Final Short Plat Application SPF -23-00001, for the Morazz Estates Short Plat; and WHEREAS: SPF -23-00001 applicants Kent and Annette Rasmussen have prepared a conservation easement agreement naming Kittitas County as the grantee and restricting lot 2 of the proposed short plat to open space or agricultural purposes and, in doing so, to prohibit uses of groundwater, including new use of domestic water on the parcel; 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 Kent and Annette Rasmussen. DATED this 21 st day of February 2023, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, 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): Kent & Annette Rasmusen Grantee(s): Kittitas County Abbreviated Legal Description: Morazz Estates Short Plat, Lot 2; Ptn. SW Y4 SE Y4 SEC. 12; TWP. 17; RGE. 17 W.M. Complete legal descriptions on Page 5 of this document. Assessor's Tax Parcel No(s): EFFECTIVE DATE: 2023 THIS CONSERVATION EASEMENT AGREEMENT is entered into effective between Kent & Annette Rasmusen ("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, which comprise portions of the proposed Morazz Estates Short Plat under pending short plat application SPF -23-00001. B. Kittitas County Code (KCC) requires that applicants for land uses that require water satisfy adequate water supply determination requirements (KCC 13.35). KCC 13.35 and 16.32 allow for a voluntary Conservation Easement to be recorded, providing evidence that parcels subject thereto will not require new water. C. The intent of the Parties, through this Conservation Easement, is to be restrict use of the Burdened Property to qualifying open space or agricultural purposes and, in so doing, to prohibit uses of groundwater, including new use of domestic water thereon. Conservation Easement - 1 D. Grantor proposes to impose the herein Conservation Easement as a means to eliminate "Adequate Water Supply" requirements for the Burdened Property that otherwise would be a condition on final short plat approval under KCC. 13.35 and 16.32. 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 16.32.050 and 16.08.061, hereby declares a Conservation Easement against the Burdened Property, legally described and depicted on Exhibit A hereto, to prohibit uses of groundwater, including domestic water thereon, until such time, if ever, as said Conservation Easement may be extinguished or otherwise terminated in the matter provided by law. The herein declaration is made in connection with and expressly conditioned on Grantee's final and binding approval of short plat application SPF -23-00001. 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 requiring new uses of groundwater, including domestic water supply or delivery, including without limitation, homes or other structures subject to Adequate Water Supply requirements under state and county law. Further, Grantor shall not apply for permits or other permissions to undertake such construction or improvements, including for installation of groundwater wells or groundwater delivery infrastructure to serve the Burdened Property from offsite sources. 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 facilitate the agreed prohibition against use of new groundwater thereon. 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. Consistent with KCC 16.08.061 and KCC 16.32.100 Grantor may in the future apply to Kittitas County to discontinue the herein Conservation Easement through the administrative -only review process for short plats. Such application will demonstrate compliance with KCC 13.35.027 — Permanent Measures. 5. Grantee, upon advance permission from Grantor, or pursuant to a validly issued administrative 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 Conservation Easement - 2 the matter provided by law. 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): Kent & Annette Rasmusen Kent Rasmusen, Owner Annette Rasmusen. Owner GRANTEE(S): Kittitas County By: Cory Wright, Chairman Kittitas County Board of Commissioners STATE OF WASHINGTON ) ) ss. County of Kittitas ) I certify that I know or have satisfactory evidence that Kent Rasmusen and Annette Rasmusen are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned therein. Dated this __I_ day of2023. WALTER DAVIS Notary Public State of Washington Commission # 22038497 My Comm. Expires Dec 7, 2026 ST. County of Kittitas Notary PublZ in d for the state of Washington, residing in My Commissio Expires: ) ) ss. I certify that I know or have satisfactory evidence that Cory Wright is the person(s) who appeared before me, and said person(s) acknowledged that he/she/they 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. Conservation Easement - 3 Dated this day of 2023. Notary Public in and for the state of Washington, residing in My Commission Expires: Conservation Easement - 4 Exhibit "A" Leaal Description of Burdened Property: Lot 2 of the Morazz Estates Short Plat as recorded 2023, in Book of Short Plats, at page(s) under Auditor's File No. , records of Kittitas County, Washington; being a portion of the Southwest Quarter of the Southeast Quarter of Section 12, Township 17 North, Range 17 East, W.M., in the Kittitas County, State of Washington. Conservation Easement - 5