Spirit Wind Farm II - Laserfiche WebLink

Home Browse Search

Notice and the associated requests outlined therein. The Board shall review the StaffReport and take further action as deemed appropriate. Section 9. Tbansfer oftbe Property. Upon transfer of the Property or portion of the Properly, or any interest in the Property, from one landowner to another, the conveyance document shall expressly refer to this Easement and be subject to its terms, covenants, conditions, and restrictions, which shall run with the land and bind the Property in perpetuity' The failure of Grantor to perform any act required by this subsection will not impair the validity of this Easement or limit its enforceability in any way. Section 10. Amendment. This Easement may be amended by agreement of the Parties. Any such amendrnent must be consistent with the purpose of this Easement and the provisions of the TDR Program and will be recorded in the official records of Kittitas County, Washington, and any other jurisdiction in which such recording is required' Section 11. Notices. Any notice, approval or communication that either Party is required to send under this Easement must be given in writing to the following addresses: To Grantor; Name@ Address PO Box 208 Citv Thoro WA.98946 To Grantee: Kittitas County Community Development Services 4ll North Ruby' Suite 2 Ellensburg Washington 98926 or to such other address as either parry designates by written notice to the other. 2. Section 12. General Provisions. Recordation. Grantee will record this Easement in a timely fashion in the official records of Kittitas County' Washington, and in any other appropriate jwisdictions, and may re-record it at any time as may be required to preserve its rights in this Easement' Controtting Law and Interpretation. The interpretation and performance of this Easement is governed by the laws of the State of Washington. Any general rule of construction to the contrary notwithstanding, this Easement will be liberally construed in favor of the grant to affect the Purpose of this Easement, the policies and purpose of the TDR Prograrn and the policy and purposes of RCW 64.04.130 and chapters A+.S: anO 84.34 RCW. If any provision in this insffument is found to be ambiguous, an interpretation consistent with the Purpose that would render the provision valid will be favored over any interpretation that would render it invalid. Severability-Entire Agreement-No Forfeiture. If any provision of this Easement, or its application to any person or circumstance, is found to be invali4 the remainder of the provisions of this Easement and the application of such provision to any other persons or in any otlter circumstances shall remain valid, This instrument sets forth the entire agreement of the Parties with respect to the Property and supersedes all prior J.