TD-26-00002 Windy City Holdings LLC - TDR Conservation Easemetn signed

Home Browse Search

AFTER RECORDING RETURN TO: Kittitas County Community Development Services 411 North Ruby, Suite 2 Ellensburg, Washington 98926 DEED OF TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT (Kittitas County Transfer of Development Rights Program) Grantor: Windy City Holdings LLC with an address of 1410 W Dolarwgy Road Suite 301 Ellensburg, WA 95926 Grantee: Kittitas County Legal Abbreviated Description: Parcel IA, 1B and 1C of that certain survey recorded March 4, 2022 in Book 44 of Surveys at Pages 150-151, under Auditors file Number 202203040020, records of Kittitas County, State of Washington. Contains 28.7 acres. Assessor's Property Tax Parcel Account Number: 962710, 962711, 962712 Transfer of Development Rights Sending Site Certificate Numbers: 26-0019 through 26-0185 THIS TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT is made and entered into this day of ^ 20 . ("TDRE") is made by Grantor in favor of Kittitas County ("Grantee") (collectively, the "Parties"). Section 1. Recitals. WHEREAS, Grantor is the sole owner in fee simple of certain real property located in Kittitas County, Washington (the "County"), more particularly described in the legal description above and Exhibit A which exhibit is attached hereto and incorporated herein by this reference (the "Property"). WHEREAS, Grantor, as owner of the Property, has the right to identify and transfer the residential development rights of the Property pursuant to KCC 17.13. WHEREAS, chapter 17.13 of the Kittitas County Code (the "TDR Program") authorizes the transfer of residential development rights from "sending sites", as they are defined in KCC 17.13. 015(2), which permanently removes the residential development rights in those qualifying areas as listed in the TDR Program including but not limited to farmland, forest land, frequently flooded lands, and land containing identified Critical Areas as provided for in Kittitas County Code Chapter 17A. WHEREAS, the residential development rights upon county approval and properly extinguished from a designated sending site become Transfer of Development Rights Density Credits ("TDR Density Credits"), as they are defined in KCC 17.13.015(7), and then can be applied, pursuant to the TDR Program, to eligible "receiving sites" as they are defined in KCC 17.13.015(1).