TD-24-00005 Spiritwind Farm I - Laserfiche WebLink

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Section 6. Reserved Rights of Grantor. 1. As owner of the Property, Grantor, retains the right to perform any act consistent with applicable zoning existing as of the date of this easement, to the extent such act is not prohibited or limited under the terms of this Easement. These ownership rights include, but are not limited to, the right to continue operations, create new uses of such businesses as farming, timber harvesting, and sports and recreation, and use the Property personally. Grantor maintains the right to exclude any member of the publi c from trespassing on the Property. Grantor maintains the right to sell, lease or otherwise transfer the Property to anyone Grantor chooses. 2. Grantor may build, maintain, repair, renovate, expand, or replace structures on the Property that support and/or used for allowed uses. New permanent residential structures are not allowed. 3. All uses allowed by the underlying zoning of the property are allowed except for residential development. 4. Grantor and Grantee expressly acknowledge that this Easement does not require Grantor to engage in any specific uses on the Property. 5. Grantor may undertake other commercial non -residential development uses and activities on the Property as allowed by the underlying zoning as of the date of this easement. 6. Grantor may maintain, create, renovate, expand, or replace existing roads and utilities, or construct new roads, utilities, or other facilities necessary to conduct allowed activities on the Property, and/or to access and/or serve other lands not included in the Property. Section 7. Enforcement. If Grantee becomes aware of a violation of this Easement by Grantor, Grantee shall provide Grantor written notice of such violation and conduct enforcement procedures as set forth in Kittitas County Code Title 18 Code Enforcement. Section 8. Changed Circumstances and Termination 1. Grantor and Grantee acknowledge that conditions may change in the areas neighboring the Property, including, without limitation, increased development, land use and zoning changes. Grantor and Grantee expressly intend that this Easement will continue in pe rpetuity regardless of such changed conditions or circumstances unless this TDRE is modified by the Kittitas County Board of Commissioners. 2. In the event that Grantor and/or Grantee believes that circumstances have changed due to development, zoning, use or other circumstances in the surrounding areas such that it is no longer possible or in the public interest for Grantor to continue to primarily use the Property without substantial economic hardship, or that makes the Purpose of this TDRE no longer practicable, Grantor or Grantee may notify the other in writing of such changed circumstances (a “Changed Circumstances Notice”) and indicating t hat it desires to extinguish the TDRE. 3. The Changed Circumstance Notice must specify the set of facts that the initiator (either the Grantor, Grantee or both) of said notice believes to constitute a change in circumstances making it reasonably necessary to extinguish or modify this TDRE allowing future residential development on the property to occur the initiator will include any supporting documentation as initiator believes to be reasonably necessary. 4. The Changed Circumstances Notice shall be submitted to the Director of Kittitas County Community Development Services for review. The Director shall evaluate the Notice and prepare a Staff Report, which shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff Report shall be submitted to the Board, advising either approval or denial of the Changed Circumstances