2003 NS ERCD - - Trinity School of Durham and Chapel Hill Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy and Chapel Hill

Browse Search

z~ WHEREAS, pursuant to said Grant Agreement, Triangle Land Conservancy has acquired a Conservation Easement over the Easement Area, which is depicted and described on the plat recorded at Plat Book 93, Page Ol of the Orange County Registry, Hillsborough, North Carolina. WHEREAS;; in furtherance of the terms and conditions of the Grant Agreement; Triangle' Land Conservancy has assigned its right;: title, and interest in the Conservation Easement o County, and County lias agreed o this Assigtmierit. WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, County desires to assign its right, title, and interest in the Conservation Easement to State, and State has agreed to this Assigtunent. NOW, THEREFORE, in consideration of grant monies paid by Fund to Triangle Land Conservancy; the muhral benefits accruing to State, Assignor, and the public from the Conservation Easement herein referenced and assigned, and other good and valuable consideration, the receipt and sufficiency of which are herein acknowledged, County hereby conveys and assigns to the State of North Carolina, acting by and through the North Carolina Clean Water Management Trust Fund, all the right, title, easement, privilege, interest, (and subject to all conditions therein contained), in that certain Conservation Easement conveyed to Triangle Land Conservancy by (Trinity School of Durham and Chapel Hill) dated the day of 2003 and recorded in Deed Book Page, ,Orange County Registry, and recorded in Deed Book ,Page Durham County Registry, which said Conservation Easement was subsequently assigned to County by inshument recorded in Deed Book ,Page ,Orange County Registry and recorded in Deed Book , Page ,Durham County Registry. However, County hereby expressly reserves from this conveyance the nonexclusive rights initially acquired by the Conservation Easement to monitor, observe, access, and enforce the Conservation Easement for such. purposes as described in said Conservation Easement and Grant Agreement. ~+urtbermore, County TO HAVE AND TO HOLD the said right, privilege and easement herein granted and assigned to the State of North Carolina, its successors and assigns in perpetuity. AND THE ASSIGNOR covenants that it is properly vested with the Conservation Easement; has the right to assign the same to the State; that the Easement Area is free firom encumbrances, except as maybe expressly excepted to by the terms and conditions of the Conservation Easement; and that the Assignor will wan•aut and defend title to the same against the claims of all persons whomsoever. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. THE SIGNATURE PAGE FOLLOWS] 27