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Agenda - 06-17-2014 - 6i
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Agenda - 06-17-2014 - 6i
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6/2/2015 2:59:57 PM
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6/17/2014 12:50:53 PM
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BOCC
Date
6/17/2014
Meeting Type
Budget Sessions
Document Type
Agenda
Agenda Item
6i
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Minutes 06-17-2014
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
ORD-2014-028 Resolution of Approval – Conservation Easement for Jason and Rebecca Davis and Approval of Budget Amendment #9-C
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2014
RES-2014-044 Resolution approving a Conservation Easement Between Orange County and Jason and Rebecca Davis
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\Board of County Commissioners\Resolutions\2010-2019\2014
S Warranty Deed of Conservation Easement between Orange County and Jason G. Davis and Rebecca J. Davis
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Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2014
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amount shall be reserved to Grantors), equal to the ratio of the appraised value of this <br />Conservation Easement to the unrestricted fair market value of the Easement Area, as these <br />values are determined on the date of this Conservation Easement, subject to any applicable law <br />which expressly provides for a different disposition of the proceeds. <br />If, however, after the condemnation or eminent domain proceedings, a court of <br />jurisdiction does not include in the just compensation awarded as a result of the taking, the <br />amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br />any proceeds awarded. <br />All condemnation related expenses, including reasonable attorney fees, incurred by the <br />Grantors and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br />net proceeds as described herein. <br />13. INTERPRETATION. This Conservation Easement shall be interpreted under <br />the laws of North Carolina, resolving any ambiguities and questions of the validity of specific <br />provisions as to give maximum effect to its conservation purposes. <br />14. TITLE. The Grantors covenant and represent that they are the sole owners and <br />seized of Easement Area in fee simple and have good right to grant and convey this Conservation <br />Easement; that the Easement Area is free and clear of any mortgages not subordinated to this <br />Conservation Easement, and that the Grantee shall have the use of and enjoy all the benefits <br />derived from and arising out of this Conservation Easement, subject to any easements or <br />encumbrances of record. <br />15. NOTICES. Any notices required by this Conservation Easement shall be in <br />writing and shall be personally delivered or sent by first class mail, to Grantors and Grantee, <br />respectively, at the following addresses, unless a party has been notified by the other of a change <br />of address. <br />To the Grantors: <br />Jason and Rebecca Davis <br />141 Wateredge Lane <br />Sanford, NC 27332 <br />To the Grantee: <br />Orange County Dept. of Environment, <br />Agriculture, Parks and Recreation <br />Orange County, North Carolina <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />16. ENVIRONMENTAL CONDITION. The Grantors warrant that they have no <br />actual knowledge of a release or threatened release of hazardous substances or wastes on the <br />Easement Area. <br />17. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby. <br />Page 12 of 15 <br />
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