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Conservation Easement - Carl and Eve Shy, PIN: 9831-20-1870, PIN: 9831-10-8624
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Conservation Easement - Carl and Eve Shy, PIN: 9831-20-1870, PIN: 9831-10-8624
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3/1/2017 1:53:48 PM
Creation date
3/1/2017 1:53:42 PM
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BOCC
Date
1/16/2002
Meeting Type
Regular Meeting
Document Type
Easements
Agenda Item
5a
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Boax 2757 PAGM9 <br /> Shy Conservation Easement <br /> 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br /> violations of the terms of this Conservation Easement. <br /> (a) With advance written notice the Grantee may enter the Easement Area for the <br /> purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, <br /> take appropriate legal action. Except when an ongoing or imminent violation could substantially <br /> diminish or impair the conservation values of the Easement Area,the Grantee shall give the <br /> Grantor written notice of the violation and sixty(60)days to correct it(or begin good faith efforts <br /> to correct in the event the violation is something which cannot be reasonably corrected in sixty <br /> (60)days)before filing any legal actions.Grantee has the right to enforce the terms of this <br /> Conservation Easement by civil action, including the remedy of injunction,mandatory and <br /> prohibitory. The failure of the Grantee to discover a violation or to take immediate legal action <br /> shall not bar it from doing so at a later time. <br /> (b) Grantee shall not bring any action against Grantors for any injury or change to the <br /> Easement Area caused by third parties,or resulting from causes beyond the Grantors' control, <br /> including,without limitation, fire, flood, storm and naturally caused earth movement,or from <br /> any prudent action taken in good faith by the Grantors under emergency conditions to prevent, <br /> abate, or mitigate significant injury to life, damage to the Easement Area or harm to the <br /> Easement Area resulting from such action. <br /> 8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits <br /> of this easement are in gross and assignable. The Grantee agrees that should it decide to transfer <br /> or assign this Conservation Easement to a"qualified organization"under Section 170(h) of the <br /> U.S. Internal Revenue Code, it will give the Triangle Land Conservancy right of first refusal. If <br /> the Triangle Land Conservancy is unwilling or unable to accept such transfer or assignment, then <br /> Grantee shall have the right to transfer or assign this Conservation Easement to another <br /> "qualified organization"of its choosing provided the organization expressly agrees to assume the <br /> responsibility imposed on the Grantee by this Conservation Easement. If the Grantee ever ceases <br /> to exist or no longer qualifies under Sec. 170(h)or applicable state law, a court with jurisdiction <br /> is hereby authorized to transfer this easement to another qualified organization having similar <br /> purposes that agrees to assume the responsibility,with first preference given to the Triangle Land <br /> Conservancy. <br /> 9. TRANSFER OF EASEMENT AREA. Grantors shall notify Grantee,in <br /> writing,at least thirty(30) days prior to any conveyance by Grantors of the Easement Area or any <br /> interest in the Easement Area,with the exception of Lot 2 which may be conveyed to an <br /> immediate member of the Grantors' family without such notice to Grantee being required. The <br /> document of conveyance shall expressly refer to this Conservation Easement and,by its terms, <br /> the conveyance shall be made subject to and subordinate to this Conservation Easement. <br /> Page 10 of 16 <br />
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