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S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
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S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
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6/16/2015 4:14:58 PM
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6/16/2015 4:13:02 PM
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BOCC
Date
12/10/2013
Meeting Type
Regular Meeting
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Others
Agenda Item
6f
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Agenda - 12-10-2013 - 6f
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\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 12-10-2013 - Regular Mtg.
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RB5734 438 13120 <br /> 18. PARTIES. Every provision of this Conservation Easement that applies to the <br /> Grantor 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 Grantor 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) Map of Easement Area. Exhibit A is a map of the surveyed Easement Area. <br /> (b) Existing Conditions. Exhibit C is a GIS map and sketch showing the <br /> configuration of the Easement Area and surrounding property. <br /> (c) 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 Easement Area as of the <br /> date hereof. A summary is attached as Exhibit D. <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 /> 24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br /> Grantee and the signature of its authorized representative affixed hereto,the Grantee hereby <br /> accepts without reservation the rights and responsibilities conveyed by this Conservation <br /> Easement. This Conservation Easement is to be effective the date recorded in the Orange <br /> County Registry of Deeds. <br /> TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the said Grantee <br /> its successors and assigns, forever. <br /> Page 13 of 15 <br />
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