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(i) a right of access over and across any roadway that may <br /> exist or be constructed within the Property, such right of <br /> access being for the benefit of Parcel 1A per that certain <br /> Record of Survey filed in Book 45 of Surveys, Page 168-169 <br /> under Auditors File No. 202306230005, Records of Kittitas <br /> County, Washington ("Grantor's adjacent parcel"); and <br /> which such right of access may be assigned or granted by <br /> Grantor to others without the consent or joinder of Grantee <br /> or any other person or party; and <br /> (ii) provided that no gravel, paved, or otherwise improved <br /> roadway exists within the Property, a right to construct a <br /> gravel, paved, or otherwise improved roadway within the <br /> Property and generally in the area marked as "Proposed <br /> Roadway Layout" on the map attached hereto as Exhibit 1, <br /> as may be necessary or convenient to support the <br /> development and improvement of Grantor's adjacent parcel, <br /> subject to such regular and typical planning and permitting <br /> approvals as may be required by law by Grantee and which <br /> such approvals shall not be unreasonably withheld except <br /> as permitted by law, and further subject to reimbursement <br /> by Grantee to Grantor of Grantor's reasonable cost to <br /> construct portions of such roadway within the Property that <br /> benefit Grantee; <br /> and <br /> ALL ITEMS OF RECORD. <br /> This instrument may be executed in counterparts. <br /> [The remainder of this page is blank. Signatures are provided on the following page.] <br /> f <br /> Page 2 of 5 <br /> 24297/18/3966599.3 <br />