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Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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Last modified
12/1/2016 4:18:53 PM
Creation date
12/2/2016 8:44:09 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4a
Document Relationships
2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2016
Minutes 12-05-2016
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\Board of County Commissioners\Minutes - Approved\2010's\2016
RES-2016-073 Resolution of Approval of Agricultural Conservation Easement between OC and Vann Bennett and Bernadette Pelissier
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\Board of County Commissioners\Resolutions\2010-2019\2016
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20 <br /> Persimmon Hill Farm Conservation Easement(Bennett/Pelissier) <br /> The Conservation Easement created by this Deed shall be a servitude running with the <br /> land in perpetuity. Every provision of this Deed that applies to the Grantors or 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 interests 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 Grantors 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 Grantors: To the Grantee: <br /> Vann Bennett and Bernadette Pelissier Orange County Dept. of Environment, <br /> 4516 Mystic Lane Agriculture, Parks and Recreation <br /> Hillsborough,NC 27278 PO Box 8181 <br /> Hillsborough,NC 27278 <br /> 28. Grantors' Title Warranty <br /> The Grantors warrant that they hold fee simple title to the Property, free from all <br /> encumbrances and exceptions to title, except for those exceptions deemed by the Grantee as <br /> acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to <br /> defend the same against all claims that may be made against it. <br /> 29. Subsequent Liens on the Property <br /> No provisions of this Conservation Easement should be construed as impairing the ability <br /> of Grantors 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 /> The grant of any easements or use restrictions that might diminish or impair the <br /> agricultural viability or productivity of the Property or otherwise diminish or impair the <br /> Conservation Values of the Property is prohibited. Any such easements or restrictions shall be <br /> subordinated to this Conservation Easement. <br /> Page 15 of 18 <br />
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