Recorded Deed - Blue Jay Land Co

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Filed for Record 07129t2025 02:03:22 PM - Kittitas County, WA Auditor - 202507290021 Page 5 of 37 hoperty in a manner consistent with the terms of &is Easement. This Easenent shall conlinue to encumber all pottions ofthe Properly despite not being hold in unifed ownership. 4. Grantor shall not consfirrct any Rosidential buildings, Residential dwellings, Residential thuctures, or other Residential improvements of any kind on the Property ei<cept as provided in Smtion 6- Seciion 6. Reserved Rights of Grontor. l. As owner ofthe Property, Grantor, retains the rigbt to perform any act consistelrt with applicable zoning existing as ofthe date ofthis easemen! to the extent such act is not prohibited or limited under the terms of this Easement These ownership rights include, bul arc not limiied to, the riSht to continue operations, create new uses ofsuch businesses as farmin& timber harvesting, and sports and recreation, and use the property personally. Grantor maintains the right to exclude any member ofthe public from trespassing on the Propcrty. Grantor maintains the rigbt to sell, lease or ofierwise tansfer the hoperty to anyone Grantor chooses. 2. Grantor may buil4 rnaintain, rePalr, rcngvate, e:<pand or replace Stnrctures on tle Property that support and/or used for allowed uses. New pcrmanent rcidential sbucftres are not allowed. 3. All uses allowed by the underlying zoning of fte property are allowed except for residential development. 4. Grantor and 6rantee expressly acknowledge that this Easemenl does not require Grantor to engage in any specific t5es on the ProPertY. j. Grantor may undertake other commercial non-residential development uses and activities on the propert5r as allowed by lhe underlying zoning as of the date of this easement' 6, Grantor may maintairg create, renOvate, expand' or replace existing roads and utilitics, or constluct new roads, utilities, or other facilities necessary to conduct allowed ac'tivities on the Property, and/or to access and/or serve other lands not included in the hoperty' Scction 7. Eufortement If Grantee becomes aware of a violation of this Easunent by Grantor, Cnantec shall provide drantor written notice of such violation and conduct enforcement proctdures as set forth in Kittitas Cowty CodoTitle l8 Code Enforcemcnt. , Section 8' Changed Ciruumslanccs and Temination Grantor an6 Grantee actorowledge that conditions may chango in the areas neiglrboring the Propert5r' including, without limitatiou, increased developmerrt, land use and zoning changes. Grantor and Granteo express$ intend fhat this Easement witl coniinue in perpetuity regardless ofsuch changed conditions or circumstances unless this TDRE is modified by the Kittitas County Board of Commissioners. ln the event that Grantor rrd/or Grantee believes that circumstances have cbanged due to development, zoning, use or other circumstances in the sunounding 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, 6r that makes the Purpose of this TDRE no longer practicable, Grantor or Grantee may notis the otherin writing of such chtrnged circumstances (a "changed circumstances Notice') and indicating that it desires to extinguish the TDRE' The Changed Circumstance Notice must specify the set of facts Orat the initiator.(either the Grantor, Grantee or bote of said notice betieves to corstitute a change in circumstances making it reasonably necessary to extinguish or modify this TDRE allowing future residential development on the propsty 3