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Interlocal Cooperation Agreement between Snohomish County and City of Everett <br />Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 23 <br />E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law <br />governing conservation easements; and <br /> <br />F. The Grantor and the Grantee intend and have the common purpose of retaining the <br />Protected Property for open space and passive recreation by placing restrictions on the use of <br />the Protected Property, which shall continue as a servitude running with the land, and <br />authorizing Grantee to monitor and enforce such restrictions, as described herein; and <br /> <br />G. To document the present condition of the Protected Property so that Grantee or its <br />assigns are able to monitor future uses and assure compliance with the terms of this <br />Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of <br />photographs and other documentation summarized in Exhibit B and incorporated herein by <br />reference as though set forth in full (the “Baseline Documentation”) that the parties agree <br />provide an accurate representation of the Protected Property as of the date of this <br />Conservation Easement; and <br /> <br />H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder <br />of conservation easements under RCW 64.04.130; and <br /> <br />I. This Conservation Easement is being purchased with funds provided, in part, by the <br />County’s Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW <br />84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation <br />easements for the purpose of protecting open space and timber land through restrictions on <br />incompatible uses of the land; <br /> <br /> NOW, THEREFORE, for and in consideration of the above recitals and the mutual <br />covenants, terms, conditions, and restrictions contained herein and in payment of one dollar <br />($1.00) and other valuable consideration by Grantee, the receipt of which is hereby <br />acknowledged by Grantor, and pursuant to the laws of the State of Washington, including <br />chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: <br /> <br />I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, <br />under, across and through the Protected Property, as described in Exhibit A attached hereto, to <br />protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the <br />Protected Property as open space pursuant to chapter 84.34 RCW. <br /> <br />II. Purpose. The purpose of this Conservation Easement is to assure that the Protected <br />Property will be retained forever in its natural and open space condition and to prevent any use <br />of the Protected Property that will significantly impair or interfere with the Conservation <br />Values. Grantor intends that this Conservation Easement will confine the use of, or activity on, <br />the Protected Property to such uses and activities that are consistent with this purpose. This <br />statement of purpose is intended as a substantive provision of the Conservation Easement. Any <br />ambiguity or uncertainty regarding the application of the provisions of this Conservation <br />Easement will be resolved so as to further this purpose.