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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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Last modified
3/12/2019 3:28:23 PM
Creation date
11/12/2012 11:56:22 AM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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A
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Agenda - 01-24-2012 - 8a
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 01-24-2012 - Regular Mtg.
Minutes 01-24-2012
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\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 To)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
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~~~1~~0~~11~U1~1~~~1--~~~~~~~~~--~~-~~~~~~~~- <br />RB5339 68 76/24 <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 5tates, 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 />iand in perpetuity. Every provision of this Deed that applies to the Grantors or Grantees shall <br />also apply to their respective agents, heirs, executors, administrators, assigns, and all other <br />successors as their interests may appear. Invalidity of any of the covenants, terms or conditions <br />of this Conservation Easement, or any part thereof, by court order or judgment shall in no way <br />affect the validity of any of the other provisions hereof which sha11 remain in full force and <br />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 interests 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 Grantees respectively at the following addresses, <br />unless a party has been notified in writing by the other of a change of address: <br />To the Grantors: <br />Dennis and Linda Brooks <br />1400 Ben Johnston Road <br />Hillsborough, NC 27278 <br />To the Grantees: <br />Orange County Dept. of Environment, <br />Agriculture, Parks and Recreation <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />AND <br />Eno River Association <br />4404 Guess Road <br />Durham, NC 27712 <br />28. Grantors' Title Warranry <br />The Grantors warrant that they hold fee simple title to the Property, free from all <br />encumbrances and exceptions to title, except for those exceptions deemed by the Grantees as <br />acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to <br />defend the same against all claims that may be made against it. <br />Page 16 of 21 <br />
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