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HomeMy WebLinkAboutRES 2023-033BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2023. %b 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 anew parcel will not require water; and WHEREAS: Kittitas County has accepted Final Short Plat Application SPF-23-00001, for the Moruzz 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 21st day of February 2023, at Ellensburg, Washington. BOARD OF COLINTY COMMISSIONERS KITTIT COUNTY, WASHINGTON - Julie Kjorsvik Vice-Chairman n Deputy Clerk of the Board- Mandy Buchholz 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 EFFECTIVE DATE:2023 THIS CONSERVATION EASEMENT AGREEMENT is entered into effective betweenKent & Annette Rasmusen_("Granto/') and Kittitas County Washington, a political subdivision ofthe State of Washington ("Grantee',) (together, the ,,partie-s,,). Recitals A. Grantor owns the below legally described "Burdened Property," located in KittitasCounty, Washington, which comprise portion-s of the proposed Morazz Estates Short plat underpending short plat application SpF-23-00001. B. Kittitas County Code (KCC) requires that applicants for land uses that requireyglel satisfy adequate water supply determination requirements (Kcc 13.35). Kcc 13.35 and16.32 allow for a voluntary Conservation Easement io be recorded, providing evidence thatparcels subject thereto will not require new water. C. The intent of the Parties, through this Conseruation Easement, is to be restrict useof the Burdened Property to qualifying open ipace or agricultural purposes and, in so doing, toprohibit uses of groundwater, including new use of domeltic water ineieon. Conservation Easement - 1 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 ./+ SE lz+ SEC 12; TWP. 17; RGE. 17 W.M. Complete legal descriptions on page S of this document. Assessor's Tax Parcel No(s): the matter provided by law 8. ln 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. lN WITNESS WHEREOF, the undersigned have set their hands the day and year first above written. GRANTOR(S): Kent & Annette Rasmusen GRANTEE(S): Kittitas Kent Rasmusen, Owner ht, Chairman County Board of Commissioners Annette Rasmusen, Owner STATE OF WASHINGTON 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 4 day of 6h-,n4.l 2023. SS. a t Notary n for the state of Washington, residing in My Comm ASHINGTON County of Kittitas I certify that I know or have satisfactory evidence that Corv Wriqht 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 ss. WALTER DAVIS Notary Public State of washington Commlssion # 22038497 My Comm. ExPires Dec 7 , 2026 Exhibit "A" Leqal Description of Burdened Propertv: 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