Orange County NC Website
Browse       Search
15. NOTICES. Any notices required by this Conservation Easement shall be in <br />writing and shall be personally delivered or sent by first class mail, to Grantor and Grantee, <br />respectively, at the following addresses, unless a party has been notified by the other of a change <br />of address. <br />To the Grantor: <br />Eno River Association <br />4404 Guess Road <br />Durham, NC 27712 <br />To the Grantee: <br />Orange County Environment and <br />Resource Conservation Department <br />Orange County, North Carolina <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />16. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual <br />knowledge of a release or threatened release of hazardous substances or wastes on the Easement <br />Area. <br />17. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby. <br />18. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />19. RE-RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re-record this instrument or any other <br />appropriate notice or instrument. <br />20. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation <br />Easement should be construed as impairing the ability of Grantor to use the Easement Area as <br />collateral for subsequent borrowing, provided that any mortgage or lien arising from such a <br />borrowing is made subordinate to this Conservation Easement. <br />22. EXHIBITS AND DOCUMENTATION. <br />(a) Documentation Report. The parties acknowledge that the Baseline Report, a copy <br />of which is on file at the offices of Grantee, accurately establishes the uses, structures, <br />Conservation Values and condition of the protected Easement Area as of the date hereof. A <br />summary is attached as Exhibit A. <br />Page 13 of 20 <br />