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Agenda - 12-02-1996 - 14b
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Agenda - 12-02-1996 - 14b
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Last modified
11/14/2013 10:34:49 AM
Creation date
11/14/2013 10:34:45 AM
Metadata
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BOCC
Date
12/2/1996
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
14b
Document Relationships
Minutes - 19961202
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\1990's\1996
RES-1996-054 Resolution approving the University Manor Subdivision, Phase I, Preliminary Plan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\1990-1999\1996
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�cvi ur • ii-��-fib iu•u1 Nortnen dine 818b44302;#11/14 <br /> 16 ' <br /> or assignment will be such that the transferee or assignee will be required to continue to carry out <br /> in perpetuity the conservation purposes that the contribution was originally intended to advance. <br /> 14. Fatinguishmeot. The Grantor hereby agrees that, at the time of the conveyance of this <br /> Conservation Easement to the Grantee, this Conservation Easement gives rise to a real property <br /> right, immediately vested in the Grantee, with a fair market value of the Conservation Easement <br /> as of the date of the conveyance that is at least equal to the proportionate value that this <br /> Conservation FAsernent at the time of the conveyance bears to the fair nwkct value of the property <br /> as a whole at that time. <br /> That proportionate value of the Grantee's property rights shall remain constant. When a <br /> change in conditions Wm place which makes impossible or impractical any continued protection <br /> of the Protected Property for conservation purposes, and the restriction contained herein are <br /> expnguished by judicial proceeding,the Grantee,upon a subsequent sale, exchange or involuntary <br /> conversion of the Protected Property, shall be entitled to a portion of the proceeds at least equal <br /> to that proportionate value of the Conservation Easement. The Grantee shall use its share of the <br /> proceeds in a manner consistent with the conservation purposes set forth herein or for the <br /> protection of a"relatively natural habitat of fish, wildlife, or plants or similar ecosystem," as that <br /> phrase is used in and defined under P.L. 96-541, 26 USC 170(h)(4XA)(ii), as amended and in <br /> regulations promulgated thereunder. <br /> 15. Embmt Doamin. Whenever all or part of the Protected Property is taken in exercise <br /> of eminent dornain by public, corporate, or other authority so as to abrogate the restrictions <br /> imposed by this Conservation Easement, the Grantor and the Grantee shall join in appropriate <br /> actions at the time of the taking to recover the full value of the taking and all incidental or direct <br /> 10 <br />
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