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Agenda - 06-23-2004-9b
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Agenda - 06-23-2004-9b
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8/29/2008 7:02:14 PM
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8/29/2008 10:22:57 AM
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BOCC
Date
6/23/2004
Document Type
Agenda
Agenda Item
9b
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2004 S ERCD - MARTHA ADAMS GALLI, and ANN A. ADAMS and JO OZART Purchase the Adams Tract/Grant of Conservation Easement From Carrboro to Orange County
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2004
Minutes - 20040623
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\Board of County Commissioners\Minutes - Approved\2000's\2004
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Draft 26 <br />16. SEVERABILITY. The Easement created by this Deed shall be a servitude <br />rumring with the land in perpetuity. Every provision of this Deed that applies to the Grantor or <br />the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, <br />and all other successors as their interests may appear.. Invalidity of any of the covenants, terms or <br />conditions of this Easement, or any part thereof by court order or judgment shall in no way, affect <br />the validity of any of the other provisions hereof which shall remain in full force and effect.. <br />17, PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />18. RE-RECORDING. If necessazy to and in order to ensure the perpetual <br />enforceability of this Conservation Easement, the Grantee is authorized to re-record this <br />instrument or any other appropriate notice or instrument. <br />19. MERGER, The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantor to use the <br />Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising <br />from such a borrowing is made subordinate to this Conservation Easement, <br />21, EXHIBITS AND DOCUMENTATION.. <br />(a) Legal Descriution. Exhibit A, Legal Description of the protected Property is <br />attached hereto and made a part hereofby reference. <br />(b) Documentation Report, The parties acknowledge that the Orange County GIS <br />map and sketch of the Easement Area, Exhibit B hereto, accurately establishes the <br />uses, permitted improvements, conservation values and condition of the Easement <br />Area as of the date hereof <br />22. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />
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