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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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8/16/2011 9:57:08 AM
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8/16/2011 9:57:00 AM
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BOCC
Date
11/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
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Minutes 08-22-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
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17. Extinguishment of Development Rights <br />Except as otherwise reserved to the Grantors in this Easement, the parties agree that all <br />development rights appurtenant to the Property are hereby released, terminated and. <br />extinguished, and may not be used on or transferred to any portion of the Property as it now or <br />hereafter may be bounded or described, or used or transferred to any other property adjacent <br />or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or <br />any other property. <br />18. Enforcement <br />With reasonable advance notice to the Grantors or with the Grantors' prior verbal <br />consent, the Grantee shall have the right to enter the Property for the purpose of inspecting for <br />compliance with the terms of this Easement. The Grantee shall have the right to prevent <br />violations and remedy violations of the terms of this Easement through judicial action, which <br />_ shall include, without limitation, the right to bring proceedings in law or in equity against any <br />party or parties attempting to violate the terms of this Easement. Except when an ongoing, or <br />imminent violation could irreversibly diminish or impair the conservation values of the <br />Property, the Grantee shall give the Grantors written notice of the violation and thirty (30) <br />days to cure the violation, before commencing any legal proceedings. If a court with <br />jurisdiction determines that a violation may exist or has occurred, the Grantee may obtain an <br />injunction to stop the violation, temporarily or permanently. The parties agree that a court <br />may. issue an injunction or order requiring the. Grantors to restore the Property to its condition <br />prior to the violation, as restoration of the property may be the only appropriate remedy. In <br />any case where a court fords that a violation has occurred, the Grantors shall reimburse the <br />Grantee for all its expenses incurred in stopping and correcting the violation, including but not <br />limited to reasonable attorneys' fees. The failure of the Grantee to discover a violation or to <br />take immediate legal action shall not bar it from doing sa-at a later time. In any case where a : , ,- - <br />court finds no such violation has occurred, each party shall bear its own costs. -- _ <br />In the event that Grantee fails to enforce any of the terms of this Easement, as <br />determined in the sole discretion of the Secretary of the United States Department of <br />Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have <br />the right to enforce the terms of the Easement through any and all authorities available under <br />Federal or State law. In the event that Grantee attempts to terminate, transfer, or otherwise <br />divest itself of any rights, title, or interests of this Easement without the prior consent of the <br />Secretary of the United States Department of Agriculture and payment of consideration to the <br />United States, then, at the option of such Secretary, all right, title, and interest in this <br />Easement shall become vested in the UNITED STATES OF AMERICA. <br />19. Transfer of Easement <br />Subject to the contingent rights of the United States of America as specified in <br />paragraph 18 and other pertinent paragraphs herein, and with timely written notice to and <br />Page 10 of 20 <br />
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