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Agenda - 02-17-1998 - 9d
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Agenda - 02-17-1998 - 9d
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7/22/2010 3:09:25 PM
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BOCC
Date
2/17/1998
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
9d
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Minutes - 19980217
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\Board of County Commissioners\Minutes - Approved\1990's\1998
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<br />sD~x 1572 Pti~t 569 <br />25 <br />15. Eminent Domain. Whenever all or part of the Protected <br />Property is taken by an exercise of eminent domain by public, <br />corporate, or other authority so as to abrogate the restrictions <br />imposed by this Conservation Easement, Grantor and Grantee shall <br />join in appropriate actions at the time of the taking to recover <br />the full value of the taking and all incidental or direct damages <br />resulting from it, and the proceeds shall be divided in <br />accordance with the proportionate value of Grantee's and <br />Grantor's interests, and Grantee's proceeds shall be used as <br />specified above. All expenses incurred by Grantor and Grantee in <br />such action shall be paid out of the recovered proceeds. <br />16. Option. Grantee shall have an option to obtain the <br />entire Protected Property in fee by deed of gift from Grantor <br />within five years of the date of recording of the final plat for <br />the final phase of University Manor subdivision as the <br />subdivision is described in the Concept Plan approved by the <br />Orange County Planning Board on May 20, 1996 but in all events no <br />later than. December 1, 2001. Grantee may exercise this option <br />upon written notice to Grantor. <br />17. Miscellaneous Provisions. <br />17.1 Severability. If any provision of this <br />Conservation Easement or the application thereof to any person or <br />circumstance_is found to be invalid, the remainder of the <br />provisions of this Conservation Easement and the application of <br />such provisions to persons or circumstances other than those as <br />to which it is found to be invalid shall not be affected thereby. <br />15 <br />• rc . t~ <br />
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