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RES-2022-076
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2022-03-15 10:00 AM - Commissioners' Agenda
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RES-2022-076
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Last modified
10/9/2023 3:18:15 PM
Creation date
10/9/2023 3:18:05 PM
Metadata
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Template:
Meeting
Date
3/15/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Authorizing the Board of County Commissioners Signature on the Department of Natural Resources Easement Supporting the Dickey Creek Bridge Replacement Project
Order
15
Placement
Consent Agenda
Row ID
87183
Type
Resolution
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Filed for Record 031311202211:41 10 AM - Kittitas County, WAAuditor- 202203310018 page 7 of 15 <br />4l I N. Ruby St., Suit€ I <br />Ellensburg, WA98926 <br />Recording. Grantes shall record this Easemcnt 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 ofthe finalexecuted <br />agresment to comply with the requirements ofthis seetion. If Grantce fails to record this <br />Easernent, State may record it and Crantee shall pay the costs of recording, including interest, <br />upon State's demand. <br />Danger Tree Removal. Individual trees located within Easement Arca and within the <br />Easement Area which shall be dangerous to the op€ration and use of the Easemcnt Arca, may <br />bc removed subject to the following: <br />l. Fall andlor remove the necessary danger tree(s) without advance authorization <br />from State.2. Cruise the fetled and/or removed tree(s).3' Grantee qhall notiff state in writing of the tree(s) felled and/or removed and <br />include a map of thc location and a cruise within fourteen (14) days after <br />felling. <br />4. State will detcrminc thc fair market value ofthe tre€(s) felled and/or removed <br />and bill tho Grantee,5. Grantee shall pay for the tree(s) within thirty (30) days ofreceipt of the billing <br />notice. <br />Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the <br />necsssary legal action to vacate such portions and shall immediately restore tho land within all <br />vacated portions to naturalconditions as may be directed by State. ln restoring the tand, all <br />asphalt shall be removed from ths vacated Fftion; the asphalt shall not be deposited on the <br />{jalent State land. In addition, the land surfacc shall be scarifred to blend with the adjoining <br />landscape. <br />Noncompliance. State shall notifu the Grsntee of any instance of noncompliance by the <br />Grantee, its contractors, subcontractors, invitees, agents, imployees, licensees, or plrmittees <br />wlth any ofthe terms and conditions hercof. Such notice will specifically identiff the manner <br />of noncompliance herewith. <br />In the event the Grnntee does not undertake, or cause to be undertaken, remedial action within <br />forty-five (4!l q"ys following receipt of said notice, state, acting by and through its Region <br />Manager aq Ellcnsburg, Washington, may suspend the Grantee's operations uniil such time as <br />effective remedial sction is takcn. <br />Construction. The terms ofthis Easement shall be givcn thcir ordinary meaning unless <br />defined herein and shall not be presumed construed against the drafter. <br />7 ofl7 EasementNo. 50-103249
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