Agenda - 12-12-2017 - 8-d - Resolution of Approval – Conservation Easement for High Rock Road Farmland; and Approval of Budget Amendment #4-A

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21 Hill CE Draft 11/16/2017 To the Grantor: To the Grantee: Betty Jane Walters Hill Orange County Dept. of Environment, 7629 High Rock Road Agriculture, Parks and Recreation Efland, NC 27243 PO Box 8181 Hillsborough, NC 27278 28. Grantor's Title Warranty The Grantor warrants that they hold fee simple title to the Property, free from all encumbrances and exceptions to title, except for those exceptions deemed by the Grantee as acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to defend the same against all claims that may be made against it. 29. Subsequent Liens on the Property No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use the Property as collateral for subsequent borrowing. Any such liens shall be and remain subordinate to this Conservation Easement. 30. Subsequent Easements/Restrictions on the Property The grant of any easements or use restrictions that might diminish or impair the agricultural viability or productivity of the Property or otherwise diminish or impair the Conservation Values of the Property is prohibited. Any such easements or restrictions shall be subordinated to this Conservation Easement. 31. Grantor's Environmental Warranty Grantor warrants that Grantor is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor further warrants that Grantor has no actual knowledge of a release or threatened release of any Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee against all litigation, claims, demands,penalties and damages, including reasonable attorney fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by the Grantee to Grantor with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, Page 15 of 18