Agenda - 05-03-2011 - 8a - Laserfiche WebLink

Browse Search

Sykes Agricultural Conservation Easement Draft #3 CLEAN Sykes Family Ltd. Partnership Qrange County DEAPR State Conservationist 5704 Vernon Road PQ Box S 1 S 1 447 Bland Rd., Suite 117 Mebane, NC 273 d2 Hillsborough, NC 27275 Raleigh, NC 276a9 .ZB. Grantor's ~'itle YYarran~ The Grantor warrants that he holds fee simple title to the Protected Property, free from all encumbrances and exceptions to tide, except for those exceptions deemed by the Grantee as acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to defend the same against all claims that may be made against it. Z9. Subsequent Liens on Protected Property No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens shall be and remain subordinate to this Conservation Easement. 30. Subsequent Easements/Restrictions on the Protected P~°operty The grant of any easements or use restrictions that might diminish or impair the agricultural viability or productivity of the Protected Property or otherwise diminish or impair the Conservation Values of the Protected Propez~y is prohibited. Any such easements or restrictions shall be subordinated to this Conservation Easement. Grantor may, with the advance written permission of Grantee, which permission shall not be unreasonably withheld, grant and convey an easement for ingress, egress and regress and for utility purposes in order to provide access to the properties identified as P1N 9531-48-4201 and PIN 9831-56~4~44 on the recorded plat. The easements granted shall be not wider than fifty X50}feet. Any road or drive constructed within the easements shall be gravel and otherwise meet but not exceed the Qrange County private road standards far a Class "B"private road as those standards exist at the time of the grant of this Conservation Easement. A copy of those standards is attached hereto as Exhibit C and incorporated herein by reference. Any such easement shall be subordinate to this Conservation Easement, shall be located wholly within the areas designated "Future 50' wide Right of way" on the recorded plat, and the impervious surface limits on the Protected Property as described in Paragraph 7~b} of this Conservation Easement shall pertain to any impervious surface within any such easement. 31. Grantor's Environmental YYarranty Grantor warrants that Grantor is incompliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are na notices by any governmental authority of any violation ar alleged violation of, noncompliance or alleged non compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that Grantor has no actual knowledge of a release or threatened release of any Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. ~~ Page ~ b of 20