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Agenda - 11-16-2004-6a
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Agenda - 11-16-2004-6a
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Last modified
4/22/2013 4:31:18 PM
Creation date
8/29/2008 10:26:05 AM
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BOCC
Date
11/16/2004
Document Type
Agenda
Agenda Item
6a
Document Relationships
Minutes - 20041116
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2004
RES-2004-081 Approval & Acceptance of Grant-Agricultural Conservation Easement with Ira & Hazel Ward
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2004
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Draft I1 -10 -04 18 <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 Grantors shall not be responsible to share <br />any proceeds awarded, <br />All condemnation - related expenses incurred by the Grantors and Grantee shall be paid <br />out of any recovered proceeds prior to distribution of the net proceeds as described herein. <br />2.5. 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 />26. Perpetual Duration, Sevevability <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 Grantors or Grantee shall also <br />apply to their respective agents, heir's, executor's, 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 />27. Merger <br />The Parties agree that the terms of this Conservation Easement shall survive any merger <br />of the fee and easement interest in the Property. <br />28. 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 Grantors and Grantee respectively at the following addresses, unless <br />a party has been notified in writing by the other of a change of address: <br />To the Grantors: <br />Ira and Hazel Ward <br />1515 Ira Road <br />Efland, NC 27243 <br />Peggy and Mark Majors <br />201 Ward Street <br />Graham, NC 27253 <br />Donna and David Francis <br />To the Grantee: <br />Orange County ERCD <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />To the NRCS: <br />State Conservationist <br />4405 Bland Rd., Suite 205 <br />Raleigh, NC 27609 <br />
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