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OTHER-2021-055-Deed of Trail Easement
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OTHER-2021-055-Deed of Trail Easement
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Last modified
11/17/2021 11:10:24 AM
Creation date
11/17/2021 11:08:32 AM
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BOCC
Date
11/16/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-d
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Agenda - 11-16-2021 Virtual Business Meeting
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2021
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�r <br /> 8 . 10 . Entire Agreement . This instrument sets forth the entire agreement of the Parties with <br /> respect to the Easement and supersedes all prior discussions , negotiations , understandings or <br /> agreements relating to the Easement . If any provision is found to be invalid, the remainder of the <br /> provisions of this Easement, and the application of such provision to persons of circumstances <br /> other than those as to which it is found to be invalid, shall not be affected thereby . <br /> 8 . 11 . Availability or Amount of Tax Benefits . Grantee make no warranty, representation or <br /> ilability, amount or effect of any deduction, credit or other <br /> other assurance regarding the ava <br /> benefit to Grantors or any other person or entity under United States or any state , local or other <br /> tax law to be derived from the donation of any part of the value of this Easement or other <br /> transaction associated with the donation of this Easement . Grantors ' donation is not conditioned <br /> ailability or amount of any such deduction, credit or other benefit . Grantee makes no <br /> upon the av <br /> warranty, representation or other assurance regarding the value of this Easement or of the Trail <br /> Area . As to all of the foregoing, Grantors are relying upon Grantors ' own legal counsel , <br /> accountant, financial advisor or other consultant and not upon Grantee ' s legal counsel , <br /> accountant, financial advisor or other consultant of Grantee . In the event of any audit or other <br /> inquiry of a governmental authority into the effect of this donation upon the taxation or financial <br /> affairs involving Grantors or Grantors ' heirs , successors or assigns or other similar matter then <br /> Grantee shall be reimbursed and indemnified for any cost or expense of any kind or nature <br /> whatsoever incurred by Grantee in responding or replying thereto . <br /> c <br /> 8 . 12 . Warranties and Representations of Owner . By signing this Easement, Grantors <br /> acknowledges , warrants and represents to Grantee that : <br /> i <br /> (a) Grantors have had the opportunity to be represented by counsel of Grantors ' choosing <br /> and fully understand that Grantors are hereby permanently relinquishing property <br /> rights which would otherwise permit Grantors to have a fuller use and enj oyment of <br /> the Trail Area . <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of <br /> minerals or removal of timber from the Trail Area which would, if any of the <br /> activities permitted under such lease or other agreement were undertaken by Grantors , <br /> violate the covenants or restrictions in this Easement or otherwise defeat the <br /> conservation Purpose . <br /> TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee , their successors <br /> and assigns , forever . <br /> - 12 - <br />
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