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Easement for Stream Channel Access Improvements and Maintenance IN THE MATTEROF. Project Name: Whiskey Creek Section/Township/Range: SEC 27, TWP 18N, RGE 18E Tax Parcel No's.: 461033, 861033 Grantor: JOHN N. WOODS and KERRY K. WOODS Grantee: Kittitas County Abbreviated Legal Description: PT El/2 of NEl/4 & PT NEI/4 of SEl/4 Sec 27 TI 8N R18E. W.M. Assessor's Tax Parcel ID No.: 461033, 861033 The GRANTOR(s), JOHN N. WOODS AND KERRY K. WOODS, husband and wife, for and in consideration of One hundred Seventy Five Thousand and No/100 Dollars ( 175 000 00), in hand paid.. does hereby convey and warrants to Kittitas County a nonexclusive Easement for Stream Channel Access and Maintenance, over, under and across the following described real estate. situated in Kittitas County, in the State of Washington: A Portion of the Existing Tax Parcel No's. 461033 AND 861033 (See Exhibit "A") The grant and conveyance shall be effective upon the payment above for easement and/or rights herein conveyed, granted. transferred and/or released upon receipt of payment by the owner, or grantor. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor and Grantee, the Grantor and Grantee agree as follows: Easement. Grantor, for themselves, their successor and assigns, grants to Grantee, a Easement for Stream Channell Access, Improvements, and Maintenance over, under, across and through Grantor's real property that is described in Exhibit "A" attached to and incorporated by reference to this Agreement ("Easement Tract") for the purpose of accessing, improving, and maintaining the Whiskey Creek Stream Channel with such easement being more particularly described in attached Exhibit `B". Grantor agrees to such stream channel improvements as agreed to by the parties including but not limited to: improvements under Bender Road, Flood Channel Improvements, and improved conveyancing improvements for Whiskey Creek over the Ellensburg Canal. 2. Indemnification. Except for any claims, damages or liabilities resulting from the negligence or intentional misconduct of Grantor, its employees, agents, and contractors, Grantee will indemnify, defend and hold Grantor harmless from and against any and all claims, damages and liabilities for injury to person or property resulting from Grantee exercising the rights granted to it under this Easement for Stream Channel Access, Improvements, and Maintenance. 3. Successors and Assigns. This Easement for Stream Channel Access, Improvements, and Maintenance shall inure to and bind the successor and assigns of Grantor and Grantee, and will constitute a covenant running with the land. 4. Effective Date. This Agreement is effective on the date it is accepted and approved in writing by the County's Director of Public Works.