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S Conservation Easement - Mark and Lori Volpe
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S Conservation Easement - Mark and Lori Volpe
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Last modified
3/1/2012 9:42:42 AM
Creation date
8/16/2011 10:14:12 AM
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BOCC
Date
12/1/2003
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5b
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Agenda - 12-01-2003-5b
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 12-01-2003
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16. SEVERABILITY. The Easement created by this Deed shall be a servitude <br />running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or <br />the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, <br />and all other successors as their interests may appear. Invalidity of any of the covenants, terms or <br />conditions of this Easement, or any part thereof by court order or judgment shall in no way, affect <br />the validity of any of the other provisions hereof which shall remain in full force and effect. <br />17. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantors or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />18. RE-RECORDING. If necessary to and in order to ensure the perpetual <br />enforceability of this Conservation Easement, the Grantee is authorized to re-record this <br />instrument or any other appropriate notice or instrument. <br />19. MERGER.. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantors to use the <br />Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising <br />from such a borrowing is made subordinate to this Conservation Easement. <br />21. EXHIBITS AND DOCUMENTATION. <br />Documentation Report. The parties acknowledge that the Orange County GIS <br />map and sketch of the Easement Area, Exhibit B hereto, accurately establishes the uses, <br />permitted improvements, conservation values and condition of the Easement Area as of the date <br />hereof. <br />22. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements xelating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />and the application of such provision to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />23. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br />Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br />Page 11 of 15 <br />
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