S Easement - Sykes Family Limited Partnership

Browse Search

~~~~~~a~~~~~1~~~~~~1~~~~~~~~ ~~~~~~~~~~~ ~~ ~ n~ R85227 445 13/34 enter the Protected Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or permanently he parties agree that a court may issue an injunction or order requiring Grantor to restore t cted Property to its condition prior to the violation, as restoration of the property may be th o appropriate remedy. In any case where a court finds that a violation has oc urred, Granto reimburse Grantee for all its expenses incurred in stopping and correcting t o' including but not limited to reasonable attorneys' fees. The failure of Grante o di violation or to take immediate legal action shall not bar it from doin o at a la me f that violation or any subsequent violations. In any case where a court such lation has occurred, each party shall bear its own costs. In any case wher cou ds th here was a complete absence of a justiciable issue of either law or fact r ed by the lo ' rty, the court may award a reasonable attorney's fee to the prevailing pa as provide y plicable law. To the extent required by law, the preceding sentence doesJ~ oY ly to the ited States should the United States become the Grantee under this easemenY. ~ Under this Conservation Easement, the ' e State ' a ted the right of enforcement in order to protect the public investment. The cret of the ed States Department of Agriculture (the Secretary) or his or her ass~ s, a of th United States, may exercise this right of enforcement under any authority ' ble State or Federal law if the Grantee or NCDACS fails to enforce any of the te s of/~i~ Con ion Easement, as determined in the sole discretion of the Secretary. 'J 19. Transfer of Subject to the conting rights of th United States of America as specified in Paragraph 18 and other pertinent p rap s erein, a with timely written notice to and approval of the United States Department o n rantee shall have the right to transfer the Easement created by this Dee an pu ' agency, provided the agency or organization expressly agrees to assume the res o on the Grantee by this Deed and has the necessary authority to ho~and a inister conservation easements. The tor agr s to incorporate by reference the terms of this Conservation Easement in any deed or e 1 instrument by which they transfer or divest themselves of any interests, including leasehold interests, in al~ or a portion of the Protected Property. Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Protected Property, or any part thereof or interest therein. Failure of Grantor to incorporate by reference the terms of this Conservation Easement in an instrument of transfer or conveyance or to notify Grantee of a Page 13 of 20