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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
(Attachment)
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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16 <br /> If this Conservation Easement is terminated or modified by condemnation action or eminent domain, Grantees shall <br /> share, 50%to Orange County and 50%to the Eno River Association, the Grantees proportional value of the <br /> Conservation Easement. <br /> 6.5. Interpretation. This Easement shall be interpreted under the laws of the State of North Carolina,resolving any <br /> ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation <br /> purposes. <br /> 6.6. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude running with the land in <br /> perpetuity. Every provision of this Deed of Conservation Easement that applies to the Grantors or the Grantees <br /> shall also apply to their respective agents,heirs, executors, administrators, assigns, and all other successors as their <br /> interests may appear. Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof by <br /> court order or judgment shall in no way affect the validity of any of the other provisions hereof,which shall remain <br /> in full force and effect. <br /> 6.7. Subsequent Liens on Protected Property. No provision of this Easement should be construed as impairing the ability <br /> of Grantors to use the Protected Property as collateral for subsequent borrowing. Any such liens shall be and remain <br /> subordinate to this Easement. <br /> 6.8. Subsequent Easements/Restrictions on the Protected Property. The grant of any easement or use restriction that <br /> might diminish or impair the Conservation Values of the Protected Property is prohibited. Any such easement or <br /> restriction shall be subordinated to this Easement. <br /> 6.9. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by first <br /> class mail to the Grantors or Grantees respectively, at the following address,unless a party has been notified in <br /> writing by the other of a change of address <br /> To the Grantors: To the Grantees: <br /> Geoffrey E. Gledhill Orange County DEAPR Eno River Association <br /> and Jane E. Gledhill PO Box 8181 4404 Guess Road <br /> 1319 Can Store Road Hillsborough,NC 27278 Durham,NC 27712 <br /> Cedar Grove,NC 27231 <br /> 6.10. Approval by Grantees. In any case where the terms of this Easement require the approval of the Grantees,unless <br /> otherwise stated herein, such approval shall be requested in writing to the Grantees in accordance with section 6.9. <br /> In any provision of this Easement in which the Grantors is required to provide advance notice to the Grantees of any <br /> activity on the Protected Property, such notice shall be given not less than thirty(30) calendar days prior to the <br /> planned commencement of the activity. If the Grantees' approval is required, such approval shall be deemed <br /> withheld/disapproved unless Grantees provide to the Grantors written notice of approval within 30 calendar days of <br /> receipt of said request. If Grantors have received no response after said 30 calendar days, Grantors may send a <br /> second written notice to Grantees requesting a statement of the reasons for the disapproval and the Grantees shall <br /> respond within 30 calendar days with an explanation for the specific reasons and basis for its decision to disapprove. <br /> 10 <br />
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