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1.7. This Easement is acquired in part with a grant from RCO pursuant to that certain grant <br />agreement (#16-1634A) between RCO and Grantee and Co -Grantee dated July 15, <br />2019 ("RCO Grant Agreement"). RCO is a third -parry beneficiary of certain rights <br />under this Easement. <br />1.8. Forterra is a Washington nonprofit nature conservancy corporation or association <br />authorized to acquire and hold conservation easement interests under RCW §64.04.130 <br />and RCW §84.34.210. <br />1.9. County is authorized to acquire and hold conservation easement interests under RCW <br />§64.04.130 and RCW §84.34.210. <br />1.10. Grantor is the holder of water rights from the Kittitas Reclamation District in a quantity <br />up to 990 acre-feet per year for irrigation (the "KRD Water"), and is also the owner of <br />a water right dating from 1882 evidenced by a water right certificate stating a quantity <br />of up to 575 acre-feet per year for irrigation (the "Certificate"). The Parties agree that, <br />in order to maintain the opportunity for agricultural activity upon the Protected <br />Property pursuant to RCW §79A.15.130(1), it is appropriate to include in this Easement <br />all of the KRD Water and the first 372 acre-feet per year legally and physically <br />available under the Certificate, as collectively described in Exhibit "D" attached to this <br />instrument and incorporated herein by this reference (the "Dedicated Water Rights"). <br />The balance of the authorized quantity under the Certificate is not subject to this <br />Easement, nor are any other water rights which Grantor may hold. <br />1.11. The Parties intend that the Agricultural Conservation Values be preserved and <br />maintained in perpetuity by permitting only those land uses on the Protected Property <br />that do not impair or interfere with the Agricultural Conservation Values. <br />1.12. Grantor, as owner of the Protected Property, has the right to protect and preserve the <br />Agricultural Conservation Values, and desires and intends to transfer such rights to Co - <br />Grantees in perpetuity, commencing on the Effective Date of this Easement. <br />2. CONVEYANCE AND CONSIDERATION <br />2.1. For the reasons stated above, and in consideration of the mutual covenants, terms, <br />conditions and restrictions contained herein, and pursuant to the laws of Washington <br />and in particular RCW §64.04.130 and RCW §84.34.210, Grantor hereby voluntarily <br />grants, conveys and warrants, for valuable consideration, the receipt of which is <br />acknowledged hereby, to Grantee and Co -Grantee a conservation easement in gross in <br />perpetuity over the Protected Property consisting of the rights in the Protected Property, <br />hereinafter enumerated, subject only to the title matters set forth in Exhibit E (Permitted <br />Exceptions), which is attached to this instrument and incorporated herein by this <br />reference. <br />-4- <br />