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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 />