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8 <br /> This grant of a perpetual CONSERVATION EASEMENT(hereinafter <br /> "Conservation Easement") is made this day of - ,2010,by the City of <br /> Everett, a Washington municipal corporation(hereinafter"Grantor")to Snohomish <br /> County, a political subdivision of the State of Washington(hereinafter"Grantee" or <br /> "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW <br /> 64.04.130. <br /> RECITALS <br /> A. WHEREAS, Grantor is the sole owner in fee simple of the property <br /> ("Protected Property") legally described above, which consists of L78 acres of land, <br /> located on tax parcel 00393300001200 Snohomish County,Washington. <br /> B. WHEREAS, Grantor warrants that Grantor has good legal title to the <br /> Protected Property, as well as the right to convey this Conservation Easement, and that <br /> the Protected Property is free and clear of any encumbrances; and <br /> C. WHEREAS, Grantor warrants that Grantor has no actual knowledge of a <br /> release or threatened release of hazardous substances or waste on the Protected Property; <br /> and <br /> D. WHEREAS, the Protected Property possesses significant long-term <br /> natural and open space values ("Conservation Values") of great importance to the people <br /> of Snohomish County for passive recreation; and <br /> E. WHEREAS, this Conservation Easement is authorized by RCW <br /> 64.04.130, the provision of state law governing conservation easements; and <br /> F. WHEREAS, the Grantor and the Grantee intend and have the common <br /> purpose of retaining the Protected Property for open space and passive recreation by <br /> placing restrictions on the use of the Protected Property, which shall continue as a <br /> servitude running with the land, and authorizing Grantee to monitor and enforce such <br /> restrictions, as described herein; and <br /> G. WHEREAS, to document the present condition of the Protected Property <br /> so that Grantee or its assigns are able to monitor future uses and assure compliance with <br /> the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline <br /> data consisting of photographs and other documentation contained in Exhibit B and <br /> incorporated herein by reference as though set forth in full (the "Baseline <br /> Documentation") that the parties agree provide an accurate representation of the <br /> Protected Property as of the date of this Conservation Easement; and <br /> H. WHEREAS, Snohomish County, as the Grantee of this Conservation <br /> Easement, is a qualified holder of conservation easements under RCW 64.04.130; and <br /> 63 <br />