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SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS <br />This Settlement Agreement and Release of all Claims (hereinafter "this Agreement') is entered <br />into by and between OENONE KINMAN("Kinman") and KITTITAS COUNTY (hereinafter'othe <br />County") with regards to permitting, review, determinations and improvements relating to or <br />arising from development of BLACK HORSE AT WHISKEY CREEK and associated land use <br />processes. <br />I. RECITALS <br />A. Litigation. Kittitas County accepted, processed, and granted development approval to DR <br />Horton for the development of a residential subdivision known as Black Horse at Whiskey <br />Creek. Kinman objected to the land use application and expressed concerns about <br />development impacts of the project on Whiskey Creek and her adjacent property. The parties <br />have worked on a collaborative basis with State of Washington, Department of Fish & Wildlife, <br />Ellensburg Water Company, and other property owners to address and improve floodplain <br />conditions and water conveyance through Whiskey Creek. This Agreement is intended to <br />memorialize those agreements and to reach final settlement of all matters related thereto. <br />B. Futt and Final Settlement. The parties to this Agreement desire to settle and resolve, fully <br />and finally, all claims of all parties to this Agreement which have been or could have been <br />alleged in the Claim. <br />C. Resolution of Disputed Claims. This Agreement expresses the full and complete settlement <br />of any and all pending or possible claims Kinman has or may have against the County relating <br />to Black Horse at Whiskey Creek Development and improvements to Whiskey Creek. This <br />Agreement is a settlement of disputed claims and is not an admission of liability or damages <br />or of any facts or disputed legal issues bearing on liability and damages or on the defenses <br />asserted to such allegations. <br />II. AGREEMENTS <br />Based on the foregoing recitals, the parties to this Agreement hereby individually and mutually, <br />agree as follows: <br />1. Grant of Easement. Kinman shall grant to Kittitas County an nonexclusive Easement <br />for Stream Channel Access and Maintenance in form attached hereto as Attachment I. <br />The grant of easement authorizes Kittitas County to enter upon the Kinman property <br />and make changes to Whiskey Creek for the pu{pose of improving stream functions <br />and reducing both the risk and scope of the mapped floodplain over the subject <br />property. <br />Page L of4