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27 <br />WHEREAS, pursuant to s yid Grant Agreement, Triangle Land Conservancy has <br />acquired a Conservation Easement over the Easement Area, which is depicted and described on <br />the plat recorded at Plat Book 93, F'age O1 of the Orange County Registry, Hillsborough, North <br />Carolina. <br />WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, County <br />desires to assign its right, title, and interest in the Conservation Easement to State, and State has <br />agreed to this Assignment. <br />NOW, THEREFORE, in consideration of grant monies paid by Fund to Triangle Land <br />Conservancy; the mutual benefits accruing to State, Assignor, and the public from the <br />Conservation Easement herein reff;renced and assigned, and other good and valuable <br />consideration, the receipt and suffi ciency of which are herein acknowledged, County hereby <br />conveys and assigns to the State oi'North Carolina, acting by and through the North Carolina <br />Clean Water Management Trust F~znd, all the right, title, easement, privilege, interest, (and <br />subject to all conditions therein contained), in that certain Conservation Easement conveyed to <br />Triangle Land Conservancy by (Trinity School of Durham and Chapel Hill) dated the day <br />of 2003 and recorded in Deed Book Page, ,Orange County <br />Registry, and recorded in Deed Bc ok ,Page_ 1 Durham County Registry= which <br />said Conservation Easement was subsequently assigned to County by instrument recorded in <br />Deed Book ,Page ,Orange County Registry and recorded in Deed Book , <br />Page_ ,Durham County Registry. However, County hereby expressly reserves from <br />this conveyance the nonexclusivE~ rights initially acquired by the Conservation Easement to <br />monitor, observe, access, and enforce the Conservation Easement for such purposes as <br />described in said Conservation Easement and Grant Agreement. <br />TO HAVE AND TO HOLD the said right, privilege and easement herein granted and <br />assigned to the State of North Car«lina, its successors and assigns in perpetuity. <br />AND THE ASSIGNOR c~wenants that it is properly vested with the Conservation <br />Easement; has the right to assign t]ie same to the State; that the Easement Area is free from <br />encumbrances, except as may be expressly excepted to by the terms and conditions of the <br />Conservation Easement; and that t ~1e Assignor will warrant and defend title to the same against <br />the claims of all persons whomsoever. <br />[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. THE SIGNATURE <br />PAGE FOLLOWS] <br />27 <br />