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Home My WebLink AboutRES-2022-161BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. AUTHORIZING THE CHAIR'S SIGNATURE ON A CONSERVATION EASEMENT GRANTED TO KITTITAS 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 alegal 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 August2}22,at Ellensburg, Washington. BOARD OF COTINTY COMMISSIONERS , WASHINGTON Cory Wright, V Clerk of the Board- Mandy Buchholz uoLAta\ 2022--Ltef KiorsvikulieJ a./\\ Brett th, Commissioner A8/?3/2A2? AZt 16;il? Flt $214.58t Ea s elren tKittrtas lllllllliiffiilil After Recording, return to: Kittitas County Public Works Department Attention Arden: Thomas, Water Resources Manager 411 N Ruby ST, Suite 1 Ellensburg WA 98926 2422A8230A25Page:1 of IKC PL]BLIC LiORKS Audi torCoun t y ililililril llllllllllilfl tiiltlfftiltiil il llff ililtititffi IIEVIEWED AU6 2 3 ?02:I KITTIIAS (]() INITIALS: EASURER COruSERVATI ON EASEM ENT AG REEM ENT EFFECTIVE DATE: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"). Recifals Grantor owns the below legally described "Burden6d Property," located in Kittitas County, Washington. 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. Floodplain development permit FD-20-00004 authorized filllng and grading within the Currier Creek floodplain to support road development and the creation of fill pads for home elevation. A. B. c Reference number(s) of related document: N/A Grantor(s): Teanaway Ridge L.L.C Grantee(s): KittitasCounty Abbreviated Legal Description: Ptn. N % SE y45.29, T. 20 N., R. 16 E.W.M Complete legal descriptions on Exhibit A. Assessor's Tax Parcel No(s): 12586 Conservation Easement - 1 Floodplain fill and grading authorized by FD-20-00004 is mitigated by an otf-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. ln 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. D Conservation Easement - 2 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 etfect. lN WITNESS WHEREOF, the undersigned have set their hands the day and year first above written. GRANTOR(S):GRANTEE(S): Teanaway ge L.L.C n By:rman Manager U Board of Commissioners STATE OF WASHINGTON County of Kittitas 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 2022. entity for the uses and mentioned therein. of Public state of n, residing in My Comm ss. Dated this J res: "()>b Conservation Easement - 3 STATE OF WASHINGTON 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. SS ) ) ) Dated tnis lltaav ot L ttt Or w,tt tttt 2022 N Publi residing in My Commission the state of Washi ngton, 19,.7.?,"20;rq, Conservation Easement - 4 Exhibit "A" Leqal Description of Burdened Property: See Attached Easement documents Conservation Easement - 5 Lecar DpscRlprr oll FoR PoNn ERspvpNr Easement located in that portion of Parcel 1 as doscribed 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 1B North, Range 1B E.W.M; Kittitas County, Washington, as delineated and described on the attached Exhibit'A'and as desoribed as follows: Commencing at the Northeast corner of Lot 5, Palomino Fields Plat Div. Vlll as recorded under Kittitas CountyAuditor's File No. 2021.12090038, said propertycornerbears North 89'30'21oWest, a distance of 1184.79 feet from q found 3 - inch encased brass cap rnarking the Southeasterly corner of the Southwest quarter of Section 22; thence North 30'42'04'West, a distance of 1304.87 feet to the POINT OF BEGINNING, said polnt also bears North 58132'48" West, a distance of 2169.28 feet from said found 3 - ineh brass cap, said point herein rpferred to as Point A'; thence along the following 1B courses; 1. North 88"51'01" West, a distance of 185.02 feet; 2. South 76"48'18" West a distance of 49.37 feet; 3. North 84"59'01" West a distance of 60.73 feet; 4. North 66"29'26" West a distance of 14'l.Z2feel; 5, North 54"20'09' West a distance of 58.96 feet; 6. South 67"26'15" West a distance of 53.23 feet; 7. South 41'33'55'West a distance of 56.13 feet; 8, $outh 18"34'09" West a distance of 28.60 feet; L South 03'09'10" West a distance of 92,4b feet; 10. South 16'32'41" East a distance of 38.00 feet; 1 1. South 33"55'36u East a distance of 45.69 feet; 12. South 57"22'09" East a distance of 38,15 feet; 13. South 81'48'09u East a distance of 138.10 feet; 14. North B9'34'56u East a distance of 216.37 feet; 15. North 63"41'03' East a distance of 161 .17 feet; 16. North 22"42'07' East a distance of 59.62 feet; 17. North A0"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 feet wide, 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.Qounty, Washington, said sideline herein described as follows; Qommencing at sdid 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 qnd southwesterly from the centerline of an access easement; 1. North 87"48'570 East, a distance of 73.49 feet; 2, South 67'49'42' East, a distance 45.50 feet; 3. South 55e16'17' East, a distance of 132.87 feet; 4. thence South 43"36'29' East, a distance of 340.08 feet to a point herein referred to as Point 'C', said point bears North 61'29'24" West, a distance of 1558,65feetfrom said found 3 - inch brass ffip; 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. q Access Eosement u9 To'DitcI) -_{<P.O. ao o.' l! q)l -1 it: -oit t. oo. t Approximote Edoe of Existino Poia " ")')-:.o. ; .tl -oJz e. ..-;.- =L L1 Point 'B' L1 Existing Drain Pond : |ro (r\..-)'o U:'-.(|CI:::.a::fr:r I i(b L14 T -o'i'lo' Pond Eqsement : F-.co.:+:o'-It) i" ' f: 7t- ?-:o'- N'+:o-rO: /-. : -o''(. oodc\%.1'. c-LINE TABLE 118 L17 116 115 L14 113 L12 111 L10 L9 L8 L7 L6 L5 L4 L3 L2 L1 LINE N 20'3+',40" W N 00'41'12" E N 2Z+2',A7" E s 65'41'03" W N E9'34'56" E N 81'48'09" W s 5722'09" E N 33'55'36" W s 16"52'41" E N O5'09',10" E N 18'34'09" E N 41'33'55" E N 6226'15" E s 5{20'09" E s 66'29',26" E s 8{59'01" E N 76'48'18" E N gg'51'0'1" w BEARING 50.83 32-42 59.62' 161.17' 216.37' 138.10' 38.15' 45.69', 38.O6' 92.45' 28.60' 56_1J' 53.23' 56.96' 141.22' 60.73' 49-37', 185-02' DISTANCE Oc {l}{)tr _=6 -(!do# Lr-l =@a()o oo() +'-o E Q)vtgo Eco o-- bq = -L) r) H o F" := +io :c-.t rO -Oi :C{ :{o :2. N 89'30'21" W 118+.79' . LOTAPofnnho Hel6Pbt€hrHonVU pr* 6. rnFd ' .+kcs{"*!OOs) =@lrO gJ AIo I() @Ao o::ir. Frl 5>Era, dl*t oH&L)em8 €9 G L,'zz =rfFqHgUE/ U;-' a Ao UEz\ F1 () E () g; zpi tr] F. cn trlF Al.{ \J+):boF{Co -linA; 6(!Jil H# F-+ elHhn- 'rd I i'*L{ A dU H L,,| J+iF"pX --trr'ilH ${ iJa .r{li {J -+J.t-{v{|*l Jrrrk ZJtE t',.m co6 blzY.3c><1iluaoc) NNON !o Lrl o> -h FObl-o E.O-6..+Lrj -9 c.t<N z -9o Oa