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S Warranty Deed of Conservation Easement between Orange County and Jason G. Davis and Rebecca J. Davis
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S Warranty Deed of Conservation Easement between Orange County and Jason G. Davis and Rebecca J. Davis
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Last modified
9/19/2014 12:24:00 PM
Creation date
9/19/2014 12:13:17 PM
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BOCC
Date
6/17/2014
Meeting Type
Regular Meeting
Document Type
Easements
Agenda Item
6i
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Agenda - 06-17-2014 - 6i
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 06-17-2014 - Regular Mtg.
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
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R 5440 9/19 <br /> R6B5821 5821 5 <br /> 5. RESPONSIBILITIES OF GRANTORS AND GRANTEE NOT AFFECTED. <br /> Other than as specified herein, this Conservation Easement is not intended to impose any legal or <br /> other responsibility on the Grantors, or in any way to affect any existing obligation of the <br /> Grantors as owners of the Easement Area. Among other things, this means: <br /> (a) Taxes—The Grantors shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Easement Area. If Grantee is ever required to pay any <br /> taxes or assessments on its interest in the Easement Area,the Grantors will reimburse Grantee <br /> for the same. <br /> (b) Upkeep and Maintenance—The Grantors retain all responsibilities and shall bear <br /> all costs and liability of any kind related to the ownership, operation, and upkeep and <br /> maintenance of the Easement Area, including the maintenance of adequate comprehensive <br /> general liability insurance coverage. Grantee shall have no obligation for the upkeep or <br /> maintenance of the Easement Area. Grantors will remain responsible for upkeep, maintenance, <br /> and repairs to any impoundments located on the Easement Area. <br /> (c) Liability and Indemnification—Grantors agree to indemnify and hold Grantee <br /> harmless from any and all costs, claims or liability,including but not limited to reasonable <br /> attorneys'fees arising from any personal injury, accidents,negligence or damage relating to the <br /> Easement Area, or any claim thereof, unless due to the negligence of Grantee or agents of <br /> Grantee, in which case liability shall be as provided by law. In addition, Grantors agree to <br /> maintain liability insurance covering the Easement Area with the limits as follows: (i)$300,000 <br /> per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per <br /> occurrence for property damage; and warrant that Grantee is and will remain a named insured on <br /> Easement Area insurance policies covering the Easement Area. Grantors shall provide Grantee <br /> with a certificate of insurance coverage within one year of the effective date of this Conservation <br /> Easement and within 10 days of each insurance renewal date. <br /> 6. ACCESS. No right of access by the general public to any portion of the <br /> Easement Area is conveyed by this Conservation Easement. However, the public has the right to <br /> view the Easement Area from adjacent publicly accessible areas such as public roads and <br /> waterways. <br /> 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br /> violations of the terms of this Conservation Easement. <br /> (a) With reasonable advance notice provided to the Grantors or with the Grantor's <br /> prior verbal consent,the Grantee shall have the right to enter the Easement Area for the purpose <br /> of inspecting for compliance with the terms of this Conservation Easement. The Grantee shall <br /> have the right to prevent violations and remedy violations of the terms of this Conservation <br /> Easement through judicial action,which shall include,without limitation, the right to bring <br /> proceedings in law or in equity against any party or parties attempting to violate the terms of this <br /> Conservation Easement. Except when an ongoing or imminent violation could irreversibly <br /> diminish or impair the conservation values of the Easement Area, the Grantee shall give the <br /> Page 9 of 15 <br />
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