|
Page 13 of 18
<br />13. INTERPRETATION. This Conservation Easement shall be interpreted under the
<br />laws of North Carolina, resolving any ambiguities and questions of the validity of specific
<br />provisions as to give maximum effect to its conservation purposes.
<br />
<br />14. TITLE. The Grantor covenants and represents that it is the sole owner and seized
<br />of Easement Area in fee simple and have good right to grant and convey this Conservation
<br />Easement; that the Easement Area is free and clear of any mortgages not subordinated to this
<br />Conservation Easement, and that the Grantee shall have the use of and enjoy all the benefits
<br />derived from and arising out of this Conservation Easement, subject to any easements or
<br />encumbrances of record. Provided, however, that the Grantor and Grantee acknowledge that
<br />part of the Property is also encumbered by a Conservation Easement held by the State of North
<br />Carolina recorded in Book _______, Page _______, of the Orange County Registry, the area of
<br />said easement being shown as “11.75 Ac In Conservation Easement” and “20.01 Ac In
<br />Conservation Easement” on that Plat recorded in Plat Book _______, Page _______, of the
<br />Orange County Registry.
<br />
<br />15. NOTICES. Any notices required by this Conservation Easement shall be in writing
<br />and shall be personally delivered or sent by first class mail, to Grantor and Grantee,
<br />respectively, at the following addresses, unless a party has been notified by the other of a
<br />change of address.
<br />
<br />To the Grantor: To the Grantee:
<br />
<br />Eno River Association Orange County Department of Environment
<br />4404 Guess Road Agriculture, Parks and Recreation
<br />Durham, NC 27712 Orange County, North Carolina
<br />P.O. Box 8181
<br />Hillsborough, NC 27278
<br />
<br />16. ENVIRONMENTAL CONDITION. The Grantor covenants and represents that it
<br />knows of no release or threatened release of any Hazardous Materials on, at, beneath or from
<br />the Property, or arising from or connected with a violation of any Environmental Laws. The
<br />Grantor hereby promises to hold harmless and indemnify the Grantee against all litigation,
<br />claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or
<br />connected with the release or threatened release by Grantor, its agents, assigns, and guests, of
<br />any Hazardous Materials on, at, beneath or from the Property, or arising from or connected
<br />with a violation of any Environmental Law.
<br />
<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 />25
|