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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
Document Type
Agenda
Agenda Item
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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Path:
\Board of County Commissioners\Resolutions\2010-2019\2018
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21 <br /> To the Grantor: To the Grantees: <br /> Norman C. Walker Orange County Dept. of Environment, <br /> 5317 Normans Road Agriculture, Parks and Recreation <br /> Rougemont,NC 27572 PO Box 8181 <br /> Hillsborough,NC 27278 <br /> Eno River Association <br /> 4404 Guess Road <br /> Durham,NC 27712 <br /> 28. Grantor's Title Warranty <br /> The Grantor warrants that they hold fee simple title to the Protected Property, free from <br /> all encumbrances and exceptions to title, except for those exceptions deemed by the Grantees as <br /> acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to <br /> defend the same against all claims that may be made against it. <br /> 29. Subsequent Liens on the Property <br /> No provisions of this Conservation Easement should be construed as impairing the ability <br /> of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens <br /> shall be and remain subordinate to this Conservation Easement. <br /> 30. Subsequent Easements/Restrictions on the Property <br /> The grant of any easements or use restrictions that might diminish or impair the <br /> agricultural viability or productivity of the Protected Property or otherwise diminish or impair <br /> the Conservation Values of the Protected Property is prohibited. Any such easements or <br /> restrictions shall be subordinated to this Conservation Easement. <br /> 31. Grantor's Environmental Warranty <br /> Grantor warrants that Grantor is in compliance with, and shall remain in compliance <br /> with, all applicable Environmental Laws. Grantor warrants that there are no notices by any <br /> governmental authority of any violation or alleged violation of, non-compliance or alleged non- <br /> compliance with or any liability under any Environmental Law relating to the operations or <br /> conditions of the Protected Property. Grantor further warrants that Grantor has no actual <br /> knowledge of a release or threatened release of any Hazardous Materials, as such substances and <br /> wastes are defined by applicable federal and state law. <br /> Moreover, Grantor hereby promises to hold harmless and indemnify the Grantees against <br /> all litigation, claims, demands,penalties and damages, including reasonable attorney fees, arising <br /> from or connected with the release or threatened release of any Hazardous Materials on, at, <br /> beneath or from the Protected Property, or arising from or connected with a violation of any <br /> Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's <br /> indemnification obligation shall not be affected by any authorizations provided by the Grantees <br /> to Grantor with respect to the Protected Property or any restoration activities carried out by the <br /> Page 15 of 19 <br />
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