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S Conservation Easement Joseph Phelps
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S Conservation Easement Joseph Phelps
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Last modified
4/17/2013 4:57:40 PM
Creation date
3/14/2013 9:32:22 AM
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BOCC
Date
6/29/2000
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
9e
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Agenda - 06-29-2000-9e
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 06-29-2000
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lines for the lots within Bricewood Acres Subdivision, provided <br /> such modification or alteration of lot lines is consistent with all <br /> applicable provisions of the Orange County Subdivision Regulations <br /> and the Orange County Zoning Ordinance. <br /> 5 . Costs and Liabilities. Grantee shall bear all costs and <br /> liabilities of any kind related to the ownership, operation, upkeep <br /> and maintenance of the * Protected Property. <br /> Grantee shall hold harmless, indemnify, and defend Grantors, <br /> its officials, employees, agents and contractors and the heirs <br /> successors and assigns of each of them (collectively "Indemnified <br /> Parties" from and against all liabilities, penalties, costs, <br /> losses, damages, expenses, causes of action, claims, demands, or <br /> judgments, including without limitation, reasonable attorneys, <br /> fees, arising from or in any way connected with: (1) injury to or <br /> death of any person, or physical damage to any property, resulting <br /> from any act, omission, condition, or other matter related to or <br /> occurring on or about the Protected Property to third persons other <br /> than invitees of the Grantors, regardless of cause, unless due <br /> solely to the negligence of the Grantors; (2) the obligations <br /> specified in this paragraph, and in paragraph 6; and (3) the <br /> existence or administration of this Conservation Easement . <br /> 6 . Taxes . Grantors shall pay before delinquent any real <br /> estate taxes or other assessments levied on the Protected Property <br /> and shall furnish Grantee with satisfactory evidence of payment <br /> upon request . When and if the Grantors convey any of the lots <br /> within the Bricewood Subdivision encumbered by this conservation <br /> easement, then and in said event, the subsequent owner of the lot <br /> subject to this Conservation Easement shall pay before delinquent <br /> any real estate taxes or other assessments levied on the Protected <br /> Property - and shall furnish Grantee with satisfactory evidence of <br /> payment upon request . If Grantors become delinquent in payment of <br /> taxes or assessments, so that a lien is created against the <br /> Protected Property, Grantee, at its option, shall, after written <br /> notice to Grantors, have the right to but not the obligation to, <br /> pay any such taxes or assessments in order to discharge the lien or <br /> delinquent taxes or assessments, or to take such other actions as <br /> may be necessary to protect Grantee' s interest in the Protected <br /> Property and to assure the continued enforceability of this <br /> Conservation Easement . Any such payment made by Grantee shall be a <br /> cost to Grantors pursuant to paragraph 5 and shall bear interest at <br /> the legal rate for unpaid property taxes until paid by Grantors to <br /> Grantee. <br /> 7 . Title. Grantors covenant and represent that Grantors are <br /> the sole owner and are seized of the Protected Property in fee <br /> simple and have good right to grant and convey this Conservation <br /> Easement; that the Protected Property is free and clear of any and <br /> all encumbrances, including but not and limited to, any mortgages <br /> not subordinated to this Conservation Easement, and that Grantee <br /> shall have the use of and-enjoy all of the benefits derived from <br /> and arising out of this Conservation Easement . <br />
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