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20050808000282540 ERSE
<br />Bk:R63831 Pg:388
<br />08!08!2006 12:42:55PM 2!6
<br />property identified as the "The Fisher Tract" and more particularly described in Exhibit A
<br />attached hereto and by this reference incorporated herein (the "Easement Area") with financial
<br />assistance being provided by the Fund.
<br />WHEREAS, pursuant to said Grant Agreement, Triangle Land Conservancy has
<br />acquired a Conservation Easement over the Easement Area, which is described in that certain
<br />deed recorded in Deed Book 916, Page 64, dated June 10, 2001 and illustrated in the plat
<br />recorded at Plat Book 57, Page 3 of the Orange County Registry, Hillsborough, North Carolina.
<br />WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, Triangle
<br />Land Conservancy has assigned its right, title, and interest in the Conservation Easement to
<br />County, and County has agreed to this Assignment.
<br />WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, County
<br />desires to assign its right, title, and interest in the Conservation Easement to State, and State has
<br />agreed to this Assignment.
<br />NOW, THEREFORE, in consideration of grant monies paid by Fund to Triangle Land
<br />Conservancy; the mutual benefits accruing to State, Assignor, and the public from the
<br />Conservation Easement herein referenced and assigned, and other good and valuable
<br />consideration, the receipt and sufficiency of which are herein acknowledged, County hereby
<br />conveys and assigns to the State of North Carolina, acting by and through the North Carolina
<br />Clean Water Management Trust Fund, all the right, title, easement, privilege, interest, (and
<br />subject to all conditions therein contained), in that certain Conservation Easement conveyed to
<br />Triangle Land Conservancy by Jeffery and Angela Fisher dated the 2°d day December, 2003 -and
<br />recorded in Deed Book 3281, Page 168, Orange County Registry, which said Conservation
<br />Easement was subsequently assigned to County by instrument recorded in Deed Book 3281,
<br />Page 188, Orange County Registry. However, County hereby expressly reserves from this
<br />conveyance the nonexclusive rights initially acquired by the Conservation Easement to
<br />monitor, observe, access, and enforce the Conservation Easement for such purposes as
<br />described in said Conservation Easement and Grant Agreement.- Furthermore; County
<br />reserves those rights contained and set forth in Article II, B. and C. of the Conservation
<br />Easement.
<br />TO HAVE AND TO HOLD. the said right, privilege and easement herein granted and
<br />assigned to the State of North Carolina, its successors and assigns in perpetuity.
<br />AND THE ASSIGNOR covenants that it is properly vested with the Conservation
<br />Easement; has the right to assign the same to State; that the Easement Area is free from
<br />encumbrances, except as maybe expressly excepted to by the terms and conditions of the
<br />Conservation Easement; and that Assignor will warrant and defend title to the same against the
<br />claims of all persons whomsoever.
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