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Agenda - 01-24-2012 - 8a
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Agenda - 01-24-2012 - 8a
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Last modified
11/11/2015 2:27:24 PM
Creation date
1/20/2012 2:36:15 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8a
Document Relationships
Minutes 01-24-2012
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2012
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2012\Easements
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Brooks Farm - Conservation Easement Draft #2 BOCC 21 <br />unrestricted value, subject to any applicable law which expressly requires for a different <br />disposition of the proceeds. <br />If this Conservation Easement is terminated or modified by condemnation action or <br />eminent domain, Grantee and the shall share, — % to Grantee and _ % <br />to the , Grantee's proportional value of the Conservation Easement. <br />All condemnation- related expenses incurred by the Grantors and Grantee shall be paid <br />out of any recovered proceeds prior to distribution of the net proceeds as described herein. <br />24. Interpretation <br />This Conservation Easement shall be interpreted under the laws of the State of North <br />Carolina and the laws of the United States, resolving any ambiguities and questions of the <br />validity of specific provisions so as to give maximum effect to its conservation purposes. <br />25. Perpetual Duration; Severability <br />The Conservation Easement created by this Deed shall be a servitude running with the <br />land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also <br />apply to their respective agents, heirs, executors, administrators, assigns, and all other successors <br />as their interests may appear. Invalidity of any of the covenants, terms or conditions of this <br />Conservation Easement, or any part thereof by court order or judgment shall in no way, affect the <br />validity of any of the other provisions hereof which shall remain in full force and effect. <br />26. Merger <br />The Parties agree that the terms of this Conservation Easement shall survive any merger <br />of the fee and easement interest in the Property. <br />27. Notices <br />Any notices required by this Deed shall be in writing and shall be personally delivered or <br />sent by first class mail to the Grantors and Grantee respectively at the following addresses, unless <br />a party has been notified in writing by the other of a change of address: <br />To the Grantors: To the Grantee: <br />Dennis and Linda Brooks Orange County DEAPR <br />1400 Ben Johnston Road PO Box 8181 <br />Hillsborough, NC 27278 Hillsborough, NC 27278 <br />Eno River Association <br />Page 15 of 20 <br />
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