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Agenda 09-03-19 Item 8-l - Resolution of Approval – Conservation Easement on Triangle Land Conservancy-McQueen Property
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Agenda 09-03-19 Item 8-l - Resolution of Approval – Conservation Easement on Triangle Land Conservancy-McQueen Property
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BOCC
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9/3/2019
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Special Meeting
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Minutes 09-03-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-054 Resolution of Approval – Conservation Easement on Triangle Land Conservancy-McQueen Property
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\Board of County Commissioners\Resolutions\2010-2019\2019
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8 <br /> ("Fund") in accordance with Grant Contract No. 2018D-003 between Grantor and the Fund on <br /> March 27, 2019 (the "Grant Contract"). In the Grant Contract, Grantor agreed to enter into this <br /> Conservation Easement. The terms and conditions of the Grant Contract are incorporated herein <br /> by reference as if fully set forth herein. The Grant Contract is on file and available for public <br /> inspection in the offices of the Grantor, the Grantee and the Fund. The Grant Contract and this <br /> Conservation Easement are collectively referred to herein as the "Project." <br /> G. Grantor and Grantee acknowledge that the Property is currently unencumbered <br /> except as permitted in Article V of this Conservation Easement. The Property's characteristics, <br /> its current use, and its state of improvement are described in a Baseline Documentation Report <br /> (the "BDR"), which is incorporated into the Grant Contract and is on file and available for public <br /> inspection in the offices of Grantor, Grantee and the Fund. The Parties acknowledge that the <br /> BDR is the appropriate basis for monitoring compliance with the objectives of preserving the <br /> Conservation Values and that it is not intended to preclude the use of other evidence (e.g. <br /> surveys, appraisals) to establish the condition of the Property at the time of the execution of this <br /> Conservation Easement if there is a controversy over such condition. <br /> NOW, THEREFORE, in consideration of the premises and the mutual benefits recited <br /> herein, together with other good and valuable consideration, the receipt and sufficiency of which <br /> is hereby acknowledged by the Parties, the Grantor hereby unconditionally and irrevocably <br /> gives, grants, and conveys forever and in perpetuity to the Grantee, its successors and assigns, <br /> and the Grantee hereby accepts, this Conservation Easement of the nature and character and to <br /> the extent hereinafter set forth in, on, over, through, and across the Property, together with the <br /> right and easement to preserve and protect the Conservation Values. <br /> The purpose of this Conservation Easement is to protect and preserve the Conservation <br /> Values as outlined above in Section E of the Recitals including the Conservations Purpose(s) <br /> and it shall be so held, maintained, and used therefore. Grantor hereby conveys to Grantee all <br /> development rights that are now or hereafter allocated to, or are implied or inherent in, the <br /> Property, and the Parties agree that such rights are terminated and extinguished, and may not be <br /> used on or transmitted to any other property. It is the further purpose of this Conservation <br /> Easement to prevent any use of the Property that will impair or interfere with the preservation of <br /> said Conservation Values. Grantor intends that this Conservation Easement will restrict the use <br /> of the Property to such activities as are consistent with the Conservation Values. <br /> [INSERT ANY RECORDED EASEMENTS THE PARTIES ARE RELYING ON FOI <br /> ACCESS INTO ITEM 2 IMMEDIATELY BELOW.] <br /> FURTHER, for the purpose of providing uninterrupted access to the Property, Grantor <br /> grants and conveys unto Grantee, its successors and assigns, a perpetual right of ingress, egress, and <br /> regress to and from the Property (1) in that certain foot wide right-of-way shown on the Plat <br /> identified in Exhibit A as providing access to the Property from , (2) in any other <br /> right-of-way appurtenant to the Property, and(3) across any other lands owned by Grantor. <br /> CWMTF CE Template,entire property,Nov.2018 3 <br /> Combined <br />
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