Resolution_Conservation Easement_W.Davenport

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NOW THEREFORE, subject to the terms and conditions set forth below, Grantor, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, grants and conveys to Grantee a Conservation Easement on the following terms and Conditions: Agreement 1. Grantor, pursuant to KCC 16.32.050 and 16.08.061, hereby declares a Conservation Easement against the Burdened Property, legally described and depicted on Exhibit A hereto, to prohibit new uses of groundwater, including domestic water thereon, until such time, if ever, as said Conservation Easement may be extinguished or otherwise terminated in the matter provided by law. The herein declaration is made in connection with and expressly conditioned on Grantee's final and binding approval of short plat application SP-24-00007. 2. In connection with such declaration, the Parties understand and agree that, for so long as the Conservation Easement shall remain in effect, Grantor, its heirs, successors, and assigns, shall not be permitted to undertake any construction or improvements on the Burdened Property requiring new uses of groundwater, including domestic water supply or delivery, including without limitation, homes or other structures subject to Adequate Water Supply requirements under state and county law. Further, Grantor shall not apply for permits or other permissions to undertake such construction or improvements, including for installation of groundwater wells or groundwater delivery infrastructure to serve the Burdened Property from offsite sources. 3. Following imposition of the Conservation Easement, Grantor shall continue to privately own and manage the Burdened Property, it being the mutual intent of the Parties that the grant of protection hereunder shall not exceed that necessary to facilitate the agreed prohibition against use of new groundwater thereon. Except as specifically provided herein, imposition of the Conservation Easement shall not restrict or prohibit Grantor, its heirs, successors, and assigns, from using or undertaking any activity on the Burdened Property as allowed by local, state, and federal law. 4. Consistent with KCC 16.08.061 and KCC 16.32.100 Grantor may in the future apply to Kittitas County to discontinue the herein Conservation Easement through the administrative -only review process for short plats. Such application will demonstrate compliance with KCC 13.35.027 — Permanent Measures. 5. Grantee, upon advance permission from Grantor, or pursuant to a validly issued administrative search warrant, shall be entitled to access the Burdened Property for the limited purpose of monitoring Grantor's compliance with this Conservation Easement. 6. This Conservation Easement does not grant or permit public access to any portion of the Burdened Property. 7. This Conservation Easement shall run with the land and shall be binding on successors, assigns, heirs of Grantor and Grantee, until such time, if ever, as terminated in the matter provided by law. 8. In the event that any of the provisions contained in this Conservation Easement are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect. Conservation Easement - 2