Resolution 2024-099 (2) - Laserfiche WebLink

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Efl,spf ,n en t &LS tream,.C h p I n el Ap.ppsq, Im p qqvem eqip a n d Main tenance IN THE MATTER OF: Project Name: Whiske), Creek Section/Township/Range: SEC 27. TWP 18N. RGE l8E Tax Parcel No's.: 451033. 830936 Grantor: Oenone Kinman Grantee: Kittitas County Abbreviated Legal Description: PTNEl/4 of Sec 27. T18N.. Rl8E.. W.M. Assessor's Tax Parcel ID No.: 451033,830936 The GRANTOR(s), OENONE KINMAN for and in consideration of Seventv-five thousand and No/l00 Dollars ($75"000.00), in hand paid, does hereby convey and warrants to Kittitas County an Easement, 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. 451033 AND 830936 (See Exhibit "A") 'l'he grant and conveyance shall be effective upon the payment above for easement and/or rights herein convcyed, granted. trans{erred andlclr released upon receipt ofpayment by the owner, or grantor. For good and valuable consideration, the receipt and sufficiency ofwhich are acknowledged by Grantor and Grantee, the Grantor and Grantee agree as follows: l. Easement. Grantor, for themselves, their successor and assigns, grants to Grantee, a Easementfor 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 Tracf') 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 Easementfor Stream Channel Access, Improvements, and Maintenance. 3. Successors and Assigns. This Easementfor 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. Stream Easement Tax ID.: 451033, 830936 Project Name: Whiskey Creek Page I of2