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20 <br /> value equal to the proportionate value that the Easement bears to the value of the Protected Property prior to the <br /> restrictions imposed by the Easement. Accordingly, if any condemnation or eminent domain action shall be taken, <br /> on all or part of the Protected Property,by any authorized public authority, said authority shall be liable to the <br /> Grantee for the value of the property right vested in the Grantee at the time of the signing of this Easement. <br /> NCDA&CS must consent to any such condemnation action. <br /> If condemnation or a taking by eminent domain of a part of the Protected Property or the entire Protected Property <br /> by a public authority renders it impossible to fulfill any of the conservation purposes of this Easement on all or part <br /> of the Protected Property,the Easement may be terminated through condemnation proceedings. If the Easement is <br /> terminated and any or all of the Protected Property is sold or taken for public use,then, as required by Section 1 of <br /> 170A-14(g) (6)of the IRS regulations,the Grantee shall be entitled to the proportionate value of the Easement, <br /> which has been predetermined as the Protected Property's unrestricted value, subject to any applicable law which <br /> expressly requires for a different disposition of the proceeds. The Grantee shall use its proceeds consistently with <br /> the general conservation purposes of this Easement. <br /> If this Easement is extinguished or terminated,the Grantor,the Grantee, and NC ADFP Trust Fund shall receive <br /> their proportional share of the Easement value at the time of termination. The respective shares of the Grantor,the <br /> Grantee, and NC ADFP Trust fund shall be proportionate to the percentage of their original investment. The <br /> Grantor's percent is 25%,the Grantee's percent is 49%and NC ADFP Trust fund's percent is 26%. <br /> All termination-related or condemnation-related expenses incurred by the Grantor,the Grantee,and NC ADFP <br /> Trust Fund shall be paid out of each party's respective proceeds prior to distribution of the net proceeds as <br /> described herein. <br /> 6.6 Boundary Line Adjustment. Boundary line adjustments are permitted only in the case of technical errors made in <br /> the survey or legal description. In such cases,boundary line adjustments cannot exceed two(2) acres for the entire <br /> Protected Property. The Grantor and NCDA&CS must be notified immediately of the technical errors and a <br /> correction deed containing the revised legal description shall be properly executed and duly recorded. A copy of <br /> the duly recorded correction deed must be submitted to NCDA&CS within five days of the date of recording. <br /> 6.7. Interpretation. This Easement shall be interpreted under the laws of the State of North Carolina,resolving any <br /> ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation <br /> purposes. <br /> 6.8. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude running with the land in <br /> perpetuity. Every provision of this Deed that applies to the Grantor or the Grantee shall also apply to their <br /> respective agents,heirs,executors, administrators, assigns, and all other successors as their interests may appear. <br /> Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof by court order or <br /> judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force <br /> and effect. <br /> 6.8. Subsequent Liens on Protected Property. No provision of this Easement should be construed as impairing the <br /> ability of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens shall be and <br /> remain subordinate to this Easement. <br /> 14 <br />