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2020-05-26-minutes-cds-study-session
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2020-08-04 10:00 AM - Commissioners' Agenda
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2020-05-26-minutes-cds-study-session
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Last modified
7/30/2020 1:40:08 PM
Creation date
7/30/2020 1:36:13 PM
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Meeting
Date
8/4/2020
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
a
Item
Approve Minutes
Order
1
Placement
Consent Agenda
Row ID
65242
Type
Minutes
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damages in any way associated with actual or potential impacts of development except <br />for impacts caused by Grantor on the Protected Property ("Compensatory Mitigation") <br />is prohibited on the Protected Property. Compensatory Mitigation includes, but is not <br />limited to, mitigation banking, conservation banking, and any other sale or exchange <br />of mitigation credits based on the creation, restoration, enhancement and/or <br />preservation of such natural resources within the Protected Property. <br />6.12. Compliance with Regulatory Requirements. Grantor shall conduct all reserved and <br />permitted uses and activities under this Easement to meet all requirements of federal, <br />state and local statutes, rules, and regulations as they may be amended from time to <br />time. <br />6.13. Limitation on Transfers. <br />6.13.1. For purposes of this Section, "Transfer" includes but is not limited to any sale, <br />grant, lease, hypothecation, encumbrance, assignment, conveyance, or any <br />transaction the purpose of which is to effect a sale, grant, lease, hypothecation, <br />encumbrance, assignment, or conveyance. <br />6.13.2. Except as provided in Sections 6.13.3 and 6.13.4, Grantor shall not undertake or <br />permit any Transfer of any rights in the Protected Property without prior notice <br />to Grantee and Co -Grantee and consent of Grantee as provided for in Section 7; <br />provided, however, that such consent shall not be withheld unless Grantee <br />determines that the proposed Transfer would be inconsistent with the Purpose <br />and terms of this Easement. Transfer in fee of any portion of the Protected <br />Property shall: i) be limited to the parcel configuration boundaries identified on <br />the Site Map attached hereto as Exhibit `B" as parcels potentially separately <br />conveyable, ii) not result in any more than a total of three (3) separate fee <br />ownerships of the Protected Property at any given time, and iii) remain subject <br />to the provisions of the Minimum Deed Terms For The Protection Of <br />Agricultural Use that is appended to and made a part of this Easement as Exhibit <br />«F", <br />6.13.3. The following shall require notice to but shall not require consent of Grantee <br />and Co -Grantee: i) any gift, bargain, sale or devise of fee simple title to the <br />Protected Property in its entirety, or any approved separately conveyable parcels <br />thereof; ii) any mortgage, deed of trust, or similar document providing security <br />for an indebtedness of Grantor, provided that such security interest shall be <br />subject and subordinate to this Easement; iii) leases for telecommunications <br />installations or wind energy installations within the Building Envelopes, as <br />provided for in Section 6.6.2.2; and iv) temporary transfers or leases of the <br />Dedicated Water Rights. <br />-16- <br />
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