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Agenda - 01-15-2008-3c
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Agenda - 01-15-2008-3c
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Last modified
8/4/2009 12:16:27 PM
Creation date
8/28/2008 9:27:43 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
3c
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Minutes - 20080115 - Late
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-001 Approval of Easement William Breeze Sr
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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Breeze Agricultural Conservation Easement (I) <br />12/21/07 draft (clean) I~j <br />This Conservation Easement shall be interpreted under the laws of the State of North <br />Carolina and the laws of the United States, 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 rlmning with the <br />land in perpetuity. Every provision of this Deed that applies to the Grantor o'r Grantee shall also <br />apply to their respective agents, heirs, executors, administrators, assigns, and all other successors <br />as their interests may appear. Invalidity of any of the covenants, terms or conditions of this <br />Conservation Easement, or any part thereof by court order or judgment shall in no way, affect the <br />validity of any of the other provisions hereof which shall remain in full force and 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 interest 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 Grantor and Grantee respectively at the following addresses, unless <br />a party has been notified in writing by the other of a change of address: <br />To the Grantor: <br />To the Grantee: <br />To the United States NRCS: <br />William H. Breeze Orange County ERCD <br />2600 Croasdaile Farm Pkwy. PO Box 8181 <br />Apartment 337 Hillsborough, NC 27278 <br />Durham, NC 27243 <br />28. Grantor's Title Warranty <br />State Conservationist <br />4405 Bland Rd., Suite 205 <br />Raleigh, NC 27609 <br />The Grantor warrants that he holds fee simple title to the Property, free from all <br />encumbrances, except for those exceptions deemed by the Grantee as acceptable and set further <br />in Exhibit B to this Conservation Easement, and hereby promises to defend the same against all <br />claims that may be made against it. <br />29. Subsequent Liens on Property <br />No provisions of this Conservation Easement should be construed as impairing the ability <br />of Grantor to use the Property as collateral for subsequent borrowing. Any such liens shall be <br />and remain subordinate to this Conservation Easement. <br />30. Subsequent Easements/Restrictions on the Property <br />
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