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property tax treatment include lands such as the subject Protected Property where the <br />preservation in its present use would conserve and enhance natural resources and <br />promote conservation of soils. As of the Effective Date, the Protected Property is <br />classified by Kittitas County's Assessor's office as farm and agricultural land (as such <br />term is defined in the OSTA). Pursuant to such classification, the Protected Property <br />receives preferential real property tax treatment in accordance with the OSTA. It is the <br />intent of all Parties that the Protected Property shall be maintained in a manner that <br />allows it to remain eligible for designation as farm and agricultural land under the OSTA <br />during the term of this Easement. It is the intent of all parties that the Agricultural <br />Conservation Values of this Easement shall be primary and the habitat or other <br />conservation values shall be secondary. <br />1.3. The Protected Property consists primarily of working farm and grazing land (as defined <br />in RCW §79A.15.010(4)) the soils which have been classified prime farmland by the <br />NRCS due to the soil quality, growing season, and moisture supply as needed for <br />sustained agricultural production. <br />1.4. The Protected Property is irrigated via flood irrigation utilizing water rights associated <br />with the Kittitas Reclamation District and also via a portion of water rights associated <br />with the Naneum Creek system that runs through the Protected Property. <br />1.5. The Agricultural Conservation Values are documented in an inventory of relevant <br />features of the Protected Property on file at the offices of Grantee and Co -Grantee and <br />incorporated herein by this reference ("Baseline Documentation"). The Baseline <br />Documentation consists of reports, maps, photographs, and other documentation that <br />provide, collectively, an accurate representation of the Protected Property at the time <br />of this grant and which is intended to serve as an objective information baseline for <br />monitoring compliance with the terms of this grant. The Parties acknowledge that the <br />Baseline Documentation is complete and accurate as of the date of this Easement. The <br />Baseline Documentation may be used to establish that a change in the use or condition <br />of the Protected Property has occurred, but its existence shall not preclude the use of <br />other evidence to establish the condition of the Protected Property as of the date of this <br />Easement. Grantee and/or Co -Grantee may use the Baseline Documentation in <br />enforcing provisions of this Easement, but are not limited to the use of the Baseline <br />Documentation to show a change in the use or condition of the Protected Property. <br />1.6. This Easement is acquired in part with funds provided under the Agricultural <br />Conservation Easement Program (ACEP) 16 U.S.C. Section 3865 et seq. and 7 CFR <br />Part 1468, administered by and through NRCS for the purpose of protecting the <br />agricultural use and future viability, and related conservation values, by limiting <br />nonagricultural uses of the Protected Property pursuant to that certain cooperative <br />agreement (#N5319ALE00100132) between NRCS and Co -Grantee dated September <br />26„ 2019 ("United States Grant Agreement"). NRCS is a third -party beneficiary of <br />certain rights under this Easement. <br />-3- <br />