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ORD-2019-026 Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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ORD-2019-026 Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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6/5/2019 9:48:58 AM
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BOCC
Date
6/4/2019
Meeting Type
Regular Meeting
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Ordinance
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4-f
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Agenda 06-04-2019 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 06-04-19 Regular Meeting
Minutes 06-04-19 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-039 Approval of Conservation Easement between Orange County and the Eno River Association and Nels and Nancy Anderson
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\Board of County Commissioners\Resolutions\2010-2019\2019
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21 <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 Grantees 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 /> 6.9. Subsequent Easements/Restrictions on the Protected Property. The grant of any easements or use restrictions that <br /> might diminish or impair the agricultural viability or productivity of the Protected Property or otherwise diminish <br /> or impair the Conservation Values of the Protected Property is prohibited. Any such easements or restrictions shall <br /> be subordinated to this Easement. <br /> 6.10. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by <br /> first class mail to the Grantor, Grantees,NCDA&CS,respectively, at the following address,unless a party has been <br /> notified in writing by the other of a change of address. <br /> To the Grantor: To the Grantees: To the State of North Carolina: <br /> Nels and Nancy Anderson Orange County N.C. Dept. of Agriculture&Consumer Services <br /> 1381 Holden-Roberts Farm Rd DEAPR NCADFP Trust Fund <br /> Hillsborough,NC 27278 Post Office Box 8181 2 West Edenton Street <br /> Hillsborough,NC 27278 Raleigh,NC 27601 <br /> AND <br /> Eno River Association <br /> 4404 Guess Road <br /> Durham,NC 27712 <br /> 6.11.Approval by Grantees. In any case where the terms of this Easement require the approval of the Grantees,unless <br /> otherwise stated herein, such approval shall be requested in writing to the Grantees, and the NCDA&CS if <br /> required, in accordance with section 6.11. In any provision of this Easement in which the Grantor is required to <br /> provide advance notice to the Grantees of any activity on the Protected Property, such notice shall be given not less <br /> than thirty(30) calendar days prior to the planned commencement of the activity. If the Grantees' approval is <br /> required, such approval shall be deemed withheld/disapproved unless Grantees provides to the Grantor written <br /> notice of approval within 30 calendar days of receipt of said request. If Grantor has received no response after said <br /> 30 calendar days, Grantor may send a second written notice to Grantees requesting a statement of the reasons for <br /> 15 <br />
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