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Filed for Record 0712812025 09:06: 1 5 AM - Kittitas County, WA Auditor - 202507280008 Page 3 of 23 WHEREAS, this easement may be modified as provided for in KCC 17.13.080 (4) and as further defined in lhis document. NOW THEREFORE, in considerauon of the foregoing recitals, which are hereby incorporated by reference, and the mutual covenants and agreemenls set forth herein, the parties agree as follows: Section2'Conveyance,GonslderatlonandPerpetualDuratlon 1. The foregoing recitals are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. 2. This agreement establishes a Transfer of Development Rights Easement ("TDRE")' as provided for ln KCC 17.13. over and on the Property. 3. ln conslderati6n of the mutudl covenants, terms, condilions, and restrictions contained in this Transfer of Development Rlghts Easemenl ('TDRE), Grantor hereby volqntarily grants, co'nveys. and warrants to Grantee a TD-RE, as provided for ln KCC 17'13' on and over the properg subject only to the terms and reslrictions conlained in this TDRE' 4. This TDRE is a conveyanoe of an interest in rgal property under thd provlsions of RCW 44.04.130. 5. Grantor expressly intends that thii TDRE runs rniith the land and that this Easement be perpetually binding upon Grantol, Grantofs successors and assigns uniess terminated due to changed circumstances as provided in Sec'tion'8 herein' Section 3. PurPose. The purpose of this TDRE is to remove the possibly of residential development on qualiffing farm tand, forest land, land containing critical areas and/or frequently flooded areas' as provided for in KCC 17.13, by transfening residentia'l development righls from those lands, designated as l"sending sites," to other eligible locationS, known as "receiving sites'. This iS achieved by acquking ana extinguishing the resideniial development rights on sending sites and converting them into TDR Density Credits. The program allows for the transfer of these credits to receiving sites to increase density beyond the underlying zoning limliations. Uses of the sending site(s) afier extinguishment of.the residential development rights are allowed pursuant to KCC 17'13 and the underlYing zoning code. Sectlon 4. Rights Conveyed to Grantee. To accomplish the Purpose, the following rights are provided to Grantee by this Easement: 1. The right to enter the Propefi at reasonable times in order to monitor Granlor's compliance with and to enforce the terms of this Easemenl, provided that such entry shall be conducted w1h a minimu m ol 24 calendar-day written notice. Such visit shall not in any case unreasonably interfere with Grantor'Js use and quiet enjoyment of the