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Section 6. Reserved Rights of Grantor' <br />l. 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 public from trespassing on <br />the properry. Grantor maintains the right to sell, lease or otherwise transfer the Property to anyone Grantor <br />chooses. <br />Z. Grantor may build, maintain, repalr, renovate, expand, or replace structure$ on the Property that suppott <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 Propefy <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 Properly, 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 enforccment procedures as set forth in Kittitas County <br />Code Title l8 Code Enforcement. <br />,) <br />J <br />Section 8. Changed Circumstances and Termination <br />Grantor and Grantee acknowledge that conditions may change in t}te 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 perpetuity regardless of such changed conditions or <br />circumstances unless this TDRE is modified by the Kittitas County Board of Commissioners' <br />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 notif, the other in <br />writing of such changed circumstances (a "Changed Circumstances Notice") and indicating that it desires <br />to extinguish thc TDRE. <br />The Changed Circumstance Notice must speciff 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 modiff 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. <br />The Changed Circumstances Notice shall be submitted to the Director of Kittitas County Community <br />Development Services for review. The Director shall evaluate the Notice and prepare a StaffReport, which <br />shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff <br />Report shal be submitted to the Board advising either approval or denial of the Changed Circumstances <br />4.