Lee Farm Conservation Easement BOCC Draft ~ q
<br />To the Grantors: To the Grantee:
<br />Bill Lee, Jr. Orange County ERCD
<br />8014 Bill Poole Road P.O. Box 8181
<br />Rougemont, NC 27572 Hillsborough, NC 27278
<br />28. Grantor's Title Warranty .
<br />To the United States NRCS:
<br />State Conservationist
<br />4405 Bland Rd., Suite 205
<br />Raleigh, NC 27609
<br />The Grantors warrant that they hold 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 C to this Conservation Easement, and hereby promise 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 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 />31. Grantors' Environmental Warranty
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br />requirements of any governmental authority regulating or imposing standards of liability or
<br />standards of conduct (including common law) concerning air, water, solid waste, hazardous
<br />materials, worker and community right-to-know, hazard communication, noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br />and similar environmental health, safety, building and land use as may now or at any time
<br />hereafter be in effect.
<br />"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
<br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
<br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
<br />chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
<br />solution or substance which may pose a present or potential hazard to human health or the
<br />environment.
<br />Page 14 of 17
<br />
|