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411 N. Ruby St., Suite <br />Ellensburg, WA 98926 <br />Recording. Grantee shall record this Easement in the county in which the Easement Property <br />is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded <br />Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed <br />agreement to comply with the requirements of this section. If Grantee fails to record this <br />Easement, State may record it and Grantee shall pay the costs of recording, including interest, <br />upon State's demand. <br />Danger Tree Removal. Individual trees located within Easement Area and within the <br />Easement Area which shall be dangerous to the operation and use of the Easement Area, may <br />be removed subject to the following: <br />1. Fall and/or remove the necessary danger tree(s) without advance authorization <br />from State. <br />2. Cruise the felled and/or removed tree(s). <br />3. Grantee shall notify State in writing of the tree(s) felled and/or removed and <br />include a map of the location and a cruise within fourteen (14) days after <br />felling. <br />4. State will determine the fair market value of the tree(s) felled and/or removed <br />and bill the Grantee. <br />5. Grantee shall pay for the tree(s) within thirty (30) days of receipt of the billing <br />notice. <br />Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the <br />necessary legal action to vacate such portions and shall immediately restore the land within all <br />vacated portions to natural conditions as may be directed by State. In restoring the land, all <br />asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the <br />adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining <br />landscape. <br />Noncompliance. State shall notify the Grantee of any instance of noncompliance by the <br />Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees <br />with any of the terms and conditions hereof. Such notice will specifically identify the manner <br />of noncompliance herewith. <br />In the event the Grantee does not undertake, or cause to be undertaken, remedial action within <br />forty-five (45) days following receipt of said notice, State, acting by and through its Region <br />Manager at; Ellensburg, Washington, may suspend the Grantee's operations until such time as <br />effective remedial action is taken. <br />Construction. The terms of this Easement shall be given their ordinary meaning unless <br />defined herein and shall not be presumed construed against the drafter. <br />7 of 17 Easement No. 50-103249 <br />