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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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2020-01-21 10:00 AM - Commissioners' Agenda
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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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Last modified
1/16/2020 1:43:50 PM
Creation date
1/16/2020 1:41:56 PM
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Meeting
Date
1/21/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Request to Approve a Resolution and Authorize Chairman’s Signature on the Purchase and Sale Agreement for Hairpin Ranch Conservation Easement
Order
2
Placement
Consent Agenda
Row ID
59336
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FINAL DRAFT 1/16/2020 <br />4.4. Injunction and Restoration. Grantee shall have the right to prevent, or cause Grantor <br />to prevent, any use of, or activity on, the Protected Property that is inconsistent with <br />the Purpose and terms of this Easement, including trespasses by members of the public, <br />and shall have the right to undertake or cause to be undertaken the restoration of such <br />areas or features of the Protected Property as may be materially damaged by activities <br />contrary to the provisions hereof, all in accordance with Section 9. <br />4.5. Enforcement. Grantee shall have the right to enforce the terms of this Easement, in <br />accordance with Sections 8 and 9. <br />4.6. Assignment. Grantee shall have the right to assign, convey, or otherwise transfer its <br />respective interest in the Protected Property in accordance with Section 13. <br />4.7. Signage. [Intentionally omitted.] <br />4.8. Co -Grantee: To accomplish the purpose of this Easement the rights conveyed to <br />Grantee by this Section 4 are also conveyed to Co -Grantee by this Easement. The <br />limitations imposed by this Section 4 on Grantee's exercise of such rights shall also <br />apply to Co -Grantee's exercise of such rights. <br />5. PERMITTED USES <br />5.1. General. Grantor reserves for itself and its successors and assigns, any and all rights <br />not otherwise conveyed to Grantee and Co -Grantee under this Easement and any and <br />all uses of, or activities on, the Protected Property that are not inconsistent with the <br />Purpose and terms of this Easement, and that are not prohibited herein. Without limiting <br />the generality of the foregoing, Grantor specifically reserves for itself and its successors <br />and assigns the following uses and activities, which shall be considered permitted uses <br />and activities under the Easement. <br />5.2. Agricultural Activities. Grantor may engage in, and allow others to engage in, <br />Agricultural Activities (as defined below) on the Protected Property, as further <br />provided for and limited in this Section and in Section 6. <br />5.2.1. As used herein, "Agricultural Activities" shall mean the commercial production <br />of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal <br />products, including but not limited to crops commonly found in the community <br />surrounding the Protected Property, field crops, fruits, vegetables, horticultural <br />specialties, livestock or livestock products, or the commercial production of <br />berries, grain, hay, straw, seed, or Christmas trees not subject to the excise tax <br />imposed by RCW §§84.33.100 through 84.33.140, and all conditions and <br />activities occurring on a farm in connection with such commercial production, <br />including, but not limited to, marketed produce at roadside stands or farm <br />-7- <br />
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