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ORD-2017-010 Ordinance approving Budget Amendment #9-A for Fiscal Year 2016-17
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ORD-2017-010 Ordinance approving Budget Amendment #9-A for Fiscal Year 2016-17
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Last modified
3/13/2019 10:41:47 AM
Creation date
5/18/2017 8:18:27 AM
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BOCC
Date
5/16/2017
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
4b
Document Relationships
Agenda - 05-16-2017 - 4-b - Resolution of Approval – Conservation Easement for Lick Creek Property; and Approval of Budget Amendment #9-A
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\Board of County Commissioners\BOCC Agendas\2010's\2017\Agenda - 05-16-2017 - Regular Mtg.
Minutes 05-16-2017
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2017
RES-2017-029 Resolution of Approval of Conservation Easement between Orange County and the Eno River Association and Geoffrey and Jane Gledhill
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\Board of County Commissioners\Resolutions\2010-2019\2017
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13 <br /> Grantees in writing to allow Grantees a reasonable opportunity to determine whether such change would violate the <br /> terms of this Conservation Easement. <br /> 3.3 Transfer. Grantors retain the right to sell, give,mortgage, lease, or otherwise convey the Protected Property subject <br /> to the terms of this Conservation Easement. <br /> ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTORS AND GRANTEES <br /> This Easement is not intended in any way to affect any existing obligation of the Grantors as owners of the Protected <br /> Property. <br /> Among other things, this shall apply to: <br /> 4.1. Taxes. The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against <br /> the Protected Property. If the Grantees are ever required to pay any taxes or assessments on their interest in the <br /> Protected Property, the Grantors shall upon demand reimburse the Grantees for the same. <br /> 4.2. Upkeep and Maintenance. The Grantors shall continue to be solely responsible for the upkeep and maintenance of <br /> the Protected Property, to the extent it may be required by law. The Grantees shall have no obligation for the <br /> upkeep or maintenance of the Protected Property. <br /> 4.3. Transfer of Protected Property. The Grantors agree to incorporate by reference the terms of this Easement in any <br /> deed or other legal instrument by which they transfer or divest themselves of any interest,including leasehold <br /> interests, in the Protected Property. The Grantors shall notify the Grantees in writing at least thirty(30) days before <br /> conveying the Protected Property, or any interest therein. Failure of Grantors to do so shall not impair the validity <br /> of the Easement or limit its enforceability in any way. <br /> 4.4. Transfer of Easement. The Grantees shall have the right to transfer this Conservation Easement to any public agency <br /> or private nonprofit organization that, at the time of transfer, is a qualified organization under 26 U.S.C. Section <br /> 170(h) of the Internal Revenue Code, as amended and under NGS 121-34 et seq.,provided the agency or <br /> organization expressly agrees to assume the responsibility imposed on the Grantees by this Conservation Easement. <br /> As a condition of such transfer, Grantees shall require that the conservation purposes intended to be advanced <br /> hereunder shall be continued to be carried out. If the Grantees ever cease to exist or no longer qualify under 26 <br /> U.S.C. Section 170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer <br /> this Conservation Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Conservation Easement. <br /> 4.5. Inspection and Access. With reasonable advance notice to the Grantors or with the Grantors' prior verbal consent, <br /> Grantees, their employees and agents, successors and assigns, shall have the right to enter the Protected Property for <br /> the purpose of inspecting the Protected Property to determine whether the Grantors, their successors or assigns are <br /> complying with the terms, conditions and restrictions of this Easement. <br /> 4.6. Enforcement. The Grantees shall have the responsibility for management, monitoring and enforcement of the terms <br /> of this Conservation Easement. Grantees shall complete and file the annual monitoring reports, a copy of which is <br /> kept on file with Orange County and Eno River Association. <br /> 7 <br />
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