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considerations associated with grazing and vegetation maintenance. Kittitas County will attempt <br /> to incorporate Grantors concerns into the final equivalent flood storage area. <br /> 3. Grantors, their heirs, successors, and assigns, shall not be permitted to undertake <br /> any construction or improvements or undertake any other activities that reduce, alter, constrict, <br /> or diminish the Flood Conservation Easement Area. Prohibited activities include the construction <br /> of any temporary or permanent buildings, structures, stream crossing structures, or impervious <br /> surfaces. <br /> 4. Grantors reserve and any and all lawful use and rights for areas of the remaining <br /> Conservation Parcel. All activities on the remaining Conservation Parcel shall be carried out in a <br /> manner that maintains the primacy of, and remains subordinate to, floodwater conveyance and <br /> storage functions within the Flood Conservation Easement Area. <br /> 5. Grantors may utilize the flood conservation area for grazing and deploy a <br /> temporary electric fence within the flood conservation area. <br /> 6. Grantors may maintain grass and non-native vegetation within the flood <br /> conservation area in accordance with local, state, and federal regulations. <br /> 7. Grantors may not grant additional easements, rights of way, licenses or permits <br /> over the Flood Conservation Easement Area, nor increase the scope of existing easements, rights <br /> of way, licenses or permits without the prior written notice to and consent of Grantee <br /> 8. Grantee may undertake any activities that are necessary to protect health or safety <br /> or prevent significant property damage to the Flood Conservation Easement Area or are required <br /> by and subject to compulsion of any governmental agency; provided, however, that Grantee shall <br /> first reasonably attempt to notify Grantors prior to taking such action. <br /> 9. Following conveyance of this Flood Conservation Easement, Grantors shall <br /> continue to privately own and manage the Conservation Parcel, it being the mutual intent of the <br /> Parties that the grant of protection hereunder shall not exceed that necessary to legally protect <br /> the Flood Conservation Easement Area. <br /> 10. The Grantors freely and voluntarily permit the Grantee or Grantee's designee the <br /> right to enter the Property at reasonable times for purposes consistent with this Flood <br /> Conservation Easement. <br /> 11. This Flood Conservation Easement does not grant or permit public access to any <br /> portion of the property. <br /> 12. This Flood Conservation Easement shall run with the land and shall be binding on <br /> successors, assigns, heirs of Grantors and Grantee, until such time, if ever, as terminated in the <br /> matter provided by law. <br /> 13. In the event that any of the provisions contained in this Flood Conservation <br /> Easement are declared invalid or unenforceable in the future, all remaining provisions shall <br /> remain in effect. <br /> Flood Conservation Easement - 3 <br />