SD Deed of TDR — Parcel 016833 (compressed)

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5. This Easement encumbers only the 3.00-acre Property legally described herein and depicted on Exhibit A. Grantor expressly reserves all development rights associated with the remainder of Tax parcel No. 016833 lying outside the Property. Nothing in this Easement shall be construed to limit, extinguish, or encumber the Grantor's right to develop, subdivide, or construct residential dwelling units on the remainder of Tex Parcel No. 016933, subject to applicable law, including the base density permitted under KCC 17.13,050 and other applicable zoning and land use regulations. Greater may undertake other commercial non-residential development uses and activities on the Property as allowed by the underlying caning as of the data of this easement. 6. Grantor my maintain, cream, renovate, expand, or replace existing roads and utilities, or construct new roads, utilities, or other facilities necessary to conduct allowed activities on the Property, and/or to access md/m serve other lands nut included in the Property. Section 7. Enforcement. If Grantee becomes aware of a violation of this Easement by Grantor, Grantee shall provide Grantor written notice ofmch violation and conduct enforecmenl procedures as act forth in Ki/thas County Code Title 18 Code Enforcement. Section S. Changed Circumstances and Termination 1. Grantor and Grantee acknowledge that conditions may change in the areas neighboring the Property, including, without limitation, increased development, land use and caning changes. Grantor and Grantee expressly intend that this Easement will continue in perpetuity regardless of such changed conditions of circumstances unless this TDRE is modified by the Kittitas County Board of Commissioners. 2. In the event that Grantor and/or Grantee believes that circumstances have changed due an development, zoning, use or other circumstances in the surrounding areas such that it is no longer possible or in the public interest for Grenmr to continue to Primarily use the Property without substantial economic hardship, or the makes the Purpose of this TDRE no longer practicable, Groom, or Grantee may notify the other in writing of such changed circumstances (a "Changed Circumstances Notice") and indicating that it desires to extinguish the TDRE. 3. The Changed Circumstance Notice most specify the set offects that the initiator (either the Grantor, Grantee or both) of said notice believes to constitute a change in circumstances making it reasonably necessary In extinguish or modify this TDRE allowing future residential development on the property to occur the initiator will include my supporting documentation as initiator believes to be reasonably necessary. 4. The Changed Cionamem nces Notice shall be submitted m the Director of Kittites County Community Development Services for review. The Director shall evaluate the Notice and prepare a Stuff Report, which shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff Report shall be submitted to the Board, advising either approval or denial of the Changed Circumstances Notice and the associated requests outlined therein. The Board shall review the Staff Report and take further action as deemed appropriate. Settle. 9. Transfer of the Property. Upon transfer of the Property or pardon of the Property, 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 ran with the land and bind the Property in perpetuity. The failure of