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Agenda - 12-18-2018 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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Agenda - 12-18-2018 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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12/13/2018 2:13:21 PM
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BOCC
Date
12/18/2018
Meeting Type
Regular Meeting
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Agenda
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8-c
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Agenda - 12-18-2018 Special Board Meeting (individual items from CANCELED meeting 12-11-2018)
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 12-18-2018 Special Meeting (items deferred from 12-11-2018)
Minutes 12-18-2018 special meeting regular
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\Board of County Commissioners\Minutes - Approved\2010's\2018
ORD-2018-036 Approval of Budget Amendment #4-A
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2018
RES-2018-084 Resolution to approve conservation easement for Norman Walker
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\Board of County Commissioners\Resolutions\2010-2019\2018
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20 <br /> real property right with a value equal to the proportionate value the Conservation Easement to <br /> the unencumbered value of the fee, as of the date of this grant. If the Conservation Easement is <br /> terminated or modified and any or all of the Protected Property is sold or taken for public use, <br /> then, as required by Section 1.170A-14(g)(6) of the IRS regulations, Grantees shall be entitled to <br /> the percentage of gross sale proceeds or condemnation award(minus any amount attributed to <br /> new improvements made after the date of the conveyance, which amount shall be reserved to <br /> Grantor), equal to the ratio of the appraised value of this Conservation Easement to the <br /> unrestricted fair market value of the Protected Property, as these values are determined on the <br /> date of this Conservation Easement, subject to any applicable law which expressly requires for a <br /> different disposition of the proceeds. <br /> If, however, after the condemnation or eminent domain proceedings, a court of <br /> jurisdiction does not include in the just compensation awarded as a result of the taking, the <br /> amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br /> any proceeds awarded. <br /> All condemnation-related expenses, including reasonable attorney fees, incurred by the <br /> Grantor and Grantees shall be paid out of any recovered proceeds prior to distribution of the net <br /> proceeds as described herein. <br /> 24. Interpretation <br /> This Conservation Easement shall be interpreted under the laws of the State of North <br /> Carolina and the laws of the United States,resolving any ambiguities and questions of the <br /> validity of specific provisions so as to give maximum effect to its conservation purposes. <br /> 25. Perpetual Duration; Severability <br /> The Conservation Easement created by this Deed shall be a servitude running with the <br /> land in perpetuity. Every provision of this Deed that applies to the Grantor or Grantees shall also <br /> apply to their respective agents, heirs, executors, administrators, assigns, and all other successors <br /> as their interests may appear. Invalidity of any of the covenants, terms or conditions of this <br /> Conservation Easement, or any part thereof, by court order or judgment shall in no way affect the <br /> validity of any of the other provisions hereof which shall remain in full force and effect. <br /> 26. Merger <br /> The Parties agree that the terms of this Conservation Easement shall survive any merger <br /> of the fee and easement interests in the Protected Property. <br /> 27. Notices <br /> Any notices required by this Deed shall be in writing and shall be personally delivered or <br /> sent by first class mail to the Grantor and Grantees respectively at the following addresses, <br /> unless a party has been notified in writing by the other of a change of address: <br /> Page 14 of 19 <br />
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