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2011/01/19 Council Agenda Packet
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2011/01/19 Council Agenda Packet
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Council Agenda Packet
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1/19/2011
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8 <br /> I. WHEREAS, this Conservation Easement is being purchased with funds <br /> provided, in part, by the County's Conservation Futures Program pursuant to RCW <br /> 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes <br /> Snohomish County to purchase conservation easements for the purpose of protecting <br /> open space and timber land through restrictions on incompatible uses of the land; <br /> NOW, THEREFORE, for and in consideration of the above recitals and the <br /> mutual covenants, terms, conditions, and restrictions contained herein and in payment of <br /> one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is <br /> hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, <br /> including chapters 64.04 and 84.34 of the Revised Code of Washington,the parties agree <br /> as follows: <br /> I. Grant. Grantor hereby grants and conveys to the Grantee a perpetual <br /> Conservation Easement over, under, across and through the Protected Property, as <br /> described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, <br /> limit future use of or otherwise conserve the Protected Property as open space pursuant to <br /> chapter 84.34 RCW. <br /> II. Purpose. The purpose of this -Conservation Easement is to assure that the <br /> Protected Property will be retained forever in its natural and open space condition and to <br /> prevent any use of the Protected Property that will significantly impair or interfere with <br /> the Conservation Values. Grantor intends that this Conservation Easement will confine <br /> the use of, or activity on, the Protected Property to such uses and activities that are <br /> consistent with this purpose. This statement of purpose is intended as a substantive <br /> provision of the Conservation Easement. Any ambiguity or uncertainty regarding the <br /> application of the provisions of this Conservation Easement will be resolved so as to <br /> further this purpose. <br /> III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights <br /> necessary to accomplish the purpose of this Conservation Easement, including, without <br /> limitation,the following: <br /> A. The right to protect, conserve, maintain, improve and restore the <br /> Conservation Values of the Protected Property; <br /> B. The right to enter the Protected Property or allow Grantee's invitees or <br /> licensees to enter, at a reasonable time and upon prior written notice to the <br /> Grantor, for the following purposes (i)to make general inspection of the <br /> Protected Property to monitor compliance with this Conservation <br /> Easement; (ii)to protect, preserve, maintain, improve and restore the <br /> Conservation Values of the Protected Property; and (iii) to mitigate or <br /> terminate any violation or otherwise enforce the provisions of this <br /> Conservation Easement. <br /> C. The right to enjoin any use of, or activity on,the Protected Property that is <br /> inconsistent with the purpose of this Conservation Easement, including <br /> 64 <br />
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