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