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D. Grantor proposes to impose the herein Conservation Easement as a means to <br />eliminate "Adequate Water Supply" requirements for the Burdened Property that otherwise would <br />be a condition on final short plat approval under KCC. 13.35 and 16.32. <br />NOW THEREFORE, subject to the terms and conditions set forth below, Grantor, for good <br />and valuable consideration, receipt and sufficiency of which is hereby acknowledged, grants and <br />conveys to Grantee a Conservation Easement on the following terms and Conditions: <br />Agreement <br />1. Grantor, pursuant to KCC 16.32.050 and 16.08.061, hereby declares a <br />Conservation Easement against the Burdened Property, legally described and depicted on Exhibit <br />A hereto, to prohibit uses of groundwater, including domestic water thereon, until such time, if <br />ever, as said Conservation Easement may be extinguished or otherwise terminated in the matter <br />provided by law. The herein declaration is made in connection with and expressly conditioned on <br />Grantee's final and binding approval of short plat application SPF -23-00001. <br />2. In connection with such declaration, the Parties understand and agree that, for so <br />long as the Conservation Easement shall remain in effect, Grantor, its heirs, successors, and <br />assigns, shall not be permitted to undertake any construction or improvements on the Burdened <br />Property requiring new uses of groundwater, including domestic water supply or delivery, <br />including without limitation, homes or other structures subject to Adequate Water Supply <br />requirements under state and county law. Further, Grantor shall not apply for permits or other <br />permissions to undertake such construction or improvements, including for installation of <br />groundwater wells or groundwater delivery infrastructure to serve the Burdened Property from <br />offsite sources. <br />3. Following imposition of the Conservation Easement, Grantor shall continue to <br />privately own and manage the Burdened Property, it being the mutual intent of the Parties that <br />the grant of protection hereunder shall not exceed that necessary to facilitate the agreed <br />prohibition against use of new groundwater thereon. Except as specifically provided herein, <br />imposition of the Conservation Easement shall not restrict or prohibit Grantor, its heirs, <br />successors, and assigns, from using or undertaking any activity on the Burdened Property as <br />allowed by local, state, and federal law. <br />4. Consistent with KCC 16.08.061 and KCC 16.32.100 Grantor may in the future <br />apply to Kittitas County to discontinue the herein Conservation Easement through the <br />administrative -only review process for short plats. Such application will demonstrate compliance <br />with KCC 13.35.027 — Permanent Measures. <br />5. Grantee, upon advance permission from Grantor, or pursuant to a validly issued <br />administrative search warrant, shall be entitled to access the Burdened Property for the limited <br />purpose of monitoring Grantor's compliance with this Conservation Easement. <br />6. This Conservation Easement does not grant or permit public access to any <br />portion of the Burdened Property. <br />7. This Conservation Easement shall run with the land and shall be binding <br />on successors, assigns, heirs of Grantor and Grantee, until such time, if ever, as terminated in <br />Conservation Easement - 2 <br />