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AGREEMENT <br />THIS AGREEMENT is entered into on the 28th day of October . 2024, by and <br />between KITTITAS COUNTY, a political subdivision of the State of Washington, and PATRICK <br />McCUTCHEON and PAULA HUNGAR ("McCutcheon/Hungar"). <br />WITNESSETH: <br />A. WHEREAS, Kittitas County and McCutcheon/Hungar are parties to that certain <br />Kittitas County Superior Court quiet title action existing under Cause No. 23-2-00108-19; and <br />B. WHEREAS, said cause of action is a quiet title action commenced by Kittitas County <br />against the BNSF Railway Company and other defendants, including McCutcheon/Hungar; and <br />C. WHEREAS, in the cause of action identified in Recital A, Kittitas County and <br />McCutcheon/Hungar and other parties have entered into a Stipulation that results in Kittitas County <br />and McCutcheon/Hungar each having ownership of the strip of property which gave rise to the quiet <br />title action, all as set forth in the Stipulated Judgment and Order Quieting Title entered in the cause <br />of action identified above in Recital A; and <br />D. WHEREAS, Kittitas County and McCutcheon/Hungar desire to enter into certain <br />agreements relating to vegetation management on that portion of the strip of property that is adjacent <br />to McCutcheon/Hungar's property; <br />NOW, THEREFORE, for and in consideration of the mutual benefits set forth herein, the <br />receipt and sufficiency of which is acknowledged by both parties, the parties hereby agree as <br />follows: <br />1. McCutcheon/Hungar shall have the right to enter onto those portions of the strip of <br />property identified in the above -referenced quiet title action that are owned by Kittitas County and <br />adjacent to McCutcheon/Hungar's property, as depicted on Exhibit A attached hereto and <br />incorporated herein for the purposes of managing vegetation growing on the strip of property. The <br />purposes for the need for vegetation management is to ensure that the strip of property does not <br />become a fire hazard and to ensure that vegetation growing on the strip of property does not become <br />unsightly and remains in the condition that McCutcheon/Hungar and their predecessors -in -interest <br />have maintained in the past. <br />2. Prior to undertaking vegetation management on the strip of property, <br />McCutcheon/Hungar will consult with the maintenance supervisor at the Kittitas County Event <br />Center about the need for vegetation management. Such consultation shall include what vegetation <br />management is going to occur, when it will occur, and under what terms it will occur. <br />3. Any such vegetation management undertaken by McCutcheon/ Hungar will in no way <br />destabilize the bank and/or the hillside, and shall be done in such a manner to ensure that vegetation <br />continues to grow and thus stabilize the bank, but at the same time does not constitute a fire hazard <br />Page l of 4 <br />