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L <br />Easement Agreement <br />This Easement is between Kittitas County(county), a subdivision of the state of Washington and <br />D&N Devetopment LLC, a Washington Limited Liabitity Company (cottectivel.y the parties). The <br />intent of this agreement is to create an easement for an emergency access/exit and connection to <br />the water [ine at the north property line of parcel 961885. This easement is to 40 ft easement <br />across parcel 961884 connecting to highway 97 as shown on D&N Esm't exhibit. <br />The property that is the subject of this easement and agreement is legatty described as fottows: <br />An easement, 40.00 feet in width across a portion of the Southeast Quarter of Section 28, Township <br />1B North, Range 18 East, W.M., in the County of Kittitas, State of Washington, lying 20.00 feet on <br />each side of the fottowing described centertine: <br />Beginning at the southeast corner of Lot A, KITTITAS COUNTY SHORT PLAI as per Short Ptat thereof <br />recorded in Book L of Short Plats at pages 224 and 225, under Auditor's File No. <br />202105130050, Records of Kittitas County, Washington; thence N 89"32'31" W, along the south <br />boundary of said Lot A, 759.60 feet to the true point of beginning for said centertine; thence <br />N 00o27'29" E, 197.00 fe.et; thence N 89"32'31" w, 4O9.71feet; thence N 79o1 2'42" W, radial <br />to the centerline of Highway 97 (WF Line) at HES WF 49+43,71.28 feet to the easterly right of way of <br />said Highway 97 and the end of said described centerline. <br />The sidetines of said easement to be tengthened and/or shortened to lntersect the south boundary <br />of said Lot A and the east right of way boundary of Highway 97. <br />The upkeep and maintenance of the property and waterline sha[[ be maintained by D&N <br />Development LLC from the north property line of parcet 961885 to highway 97. <br />Each party futty indemnifies the other against a[[ claims, damages, injuries, cost, judgments, fines <br />and attorney fees caused by the actions of each parties' respective employees, officers, agents, <br />contractors, or consuttants upon the property this is the subject of the easement and agreement. <br />Each party agrees to futty defend the other against att possibte damages or ctaims resutting from <br />the acts or omissions of its own emptoyees, officers, agents, etc. ln the case tiabitity is found to be <br />joint, each party shatt be responsibte for the share of costs assigned to is as being [iabte for <br />inctuding its own legaI costs, which inctudes attorney, expert witness, and consuttant fees. <br />This is easement is to continue in perpetuity. <br />Any notice given in conjunction with the exercise of this easement and agreement sha[[ be sent to: <br />Kittitas County <br />925 lndustriaI Way <br />Etlensburg, WA 98926 <br />D&N Devel.opment LLC <br />P.O. Box 926 <br />Ettensburg, WA 98926