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FINAL DRAFT 111612020
<br />markets; noise; odors; dust; fumes; operation of machinery and irrigation
<br />pumps; movement, including, but not limited to, use of current county road
<br />ditches, streams, rivers, canals, and drains, and use of water for agricultural
<br />purposes; ground and aerial application of seed, fertilizers, conditioners, and
<br />plant protection products; employment and use of labor; roadway movement of
<br />equipment and livestock; protection from damage by wildlife; prevention of
<br />trespass; and construction and maintenance of buildings, fences, roads, bridges,
<br />ponds, drains, waterways, and similar features and maintenance of streambanks
<br />and watercourses.
<br />5.2.2. Agricultural Activities shall also include such "Accessory Uses," as defined as
<br />of the Effective Date of this Easement in RCW §36.70A.177(3)(b), that are
<br />related to the permitted Agricultural Activities on the Protected Property, that
<br />maintain the primacy of, and are subordinate to, the farmland character and use
<br />of the Protected Property, that are compatible with the Agricultural Conservation
<br />Values, and that provide supplemental income.
<br />5.2.3. All Agricultural Activities shall be carried out in accordance with applicable law
<br />and in compliance with the Purpose and terms of this Easement. Grantor retains
<br />discretion over the specific character and content of the management decisions
<br />and practices necessary to identify, protect, preserve, maintain and conserve in
<br />perpetuity and to enhance, restore, or improve the Agricultural Conservation
<br />Values consistent with the Purpose and terms of this Easement.
<br />5.3. Stewardship Activities. Grantor may engage in, and allow others to engage in, any
<br />activity to monitor, protect and maintain the Agricultural Conservation Values with
<br />prior written notice to and consent of Grantee and pursuant to any Stewardship Plan
<br />that may cover the Protected Property and agreed to by the parties to the Stewardship
<br />Plan.
<br />5.4. Maintenance and Construction of Buildings and Other Structures
<br />5.4.1. Maintenance of Existing Structures. Grantor may maintain, repair, replace or
<br />decommission structures, houses, barns, water -pollution -control facilities, water
<br />impoundments, fences, corrals, roads, ditches, sloughs, pumps, levees, and other
<br />permanent improvements ("Improvements") existing on the Protected Property
<br />as of the Effective Date of this Easement, provided that such activities related to
<br />existing Improvements are carried out in compliance with the Purpose and terms
<br />of this Easement, including the impervious surface limitations provided for in
<br />Section 6.6.1. Such Improvements shall include utility systems that support the
<br />Improvements, including, without limitation, electric power lines, septic
<br />systems, water storage and delivery systems, and telephone and communication
<br />cable systems.
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