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S Warranty Deed of Conservation Easement between Orange County and Mark Volpe and Lori Anne Volpe
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S Warranty Deed of Conservation Easement between Orange County and Mark Volpe and Lori Anne Volpe
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Last modified
9/4/2015 3:59:52 PM
Creation date
4/1/2015 11:59:19 AM
Metadata
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BOCC
Date
12/14/2010
Meeting Type
Work Session
Document Type
Easements
Agenda Item
4f
Document Relationships
Agenda - 12-14-2010 - 4f
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 12-14-2010 - Regular Mtg.
RES-2010-096 Resolution for Purchase of a Conservation Easement – Mark and Lori Volpe; and Approval of Budget Amendment # 5-A - 12-14-2010-4f
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2010
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111pligippl�NtlYIIIIIYII 11111 <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 />18. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantors or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />19. RE- RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re- record this instrument or any other <br />appropriate notice or instrument. <br />20. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation <br />Easement should be construed as impairing the ability of Grantors to use the Easement Area as <br />collateral for subsequent borrowing, provided that any mortgage or lien arising from such a <br />borrowing is made subordinate to this Conservation Easement. <br />22. EXHIBITS AND DOCUMENTATION. <br />(a) Exhibit A contains the legal description of the Easement Area. <br />(b) Baseline Documentation Report. The parties acknowledge that the Baseline <br />Documentation Report, a copy of which is on file at the offices of the Grantee, accurately <br />establishes the uses, structures, conservation values and condition of the protected Easement <br />Area as of the date hereof. A summary is attached as Exhibit B. <br />(b) Exhibit C is a GIS map and sketch showing the configuration of the property <br />owned by the Grantors. <br />23. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />and the application of such provision to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />Page 13 of 15 <br />
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