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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
Document Relationships
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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I; <br /> 4 <br /> l <br /> r, <br /> r <br /> 6 . 5 . Inspection and Access . With reasonable advance notice to the Grantors or with Grantors ' <br /> prior verbal consent, Grantee , their employees and agents , successors and assigns , shall have the F <br /> right to enter the Trail Area for the purpose of inspecting the Trail Area to determine whether j <br /> Grantors , their successors or assigns are complying with the terms , conditions and restrictions of <br /> this Easement . <br /> 6 . 6 . Enforcement . Grantee shall have the responsibility for management, monitoring and <br /> enforcement of the terms of this Easement . Grantee shall complete and file the monitoring <br /> reports , a copy of which is kept on file with Orange County . <br /> Grantee shall have the right to prevent violations and remedy violations of the terms of this <br /> Easement through judicial action, which shall include , without limitation, the right to bring <br /> proceedings in law or in equity against any party or parties attempting to violate the terms of this j <br /> Easement . Except when an ongoing or imminent violation could irreversibly diminish or impair <br /> the Conservation Values of the Trail Area, Grantee shall give Grantors written notice of the <br /> violation and Grantors shall have thirty (3 0) days to cure the violation, before commencing any <br /> legal proceedings . If a court of competent jurisdiction determines that a violation may exist or <br /> has occurred, Grantee may obtain an injunction to stop the violation, temporarily or permanently . <br /> The parties agree that a court may issue an injunction or order requiring Grantors to restore the <br /> Trail Area to its condition prior to the violation, as restoration of the Trail Area may be the only <br /> appropriate remedy . The failure of Grantee to discover a violation or to take immediate legal <br /> action shall not bar it from doing so at a later time . In any case where a court finds no such <br /> I <br /> violation has occurred, each party shall bear its own costs . In any case where the Court finds that <br /> a violation has occurred, Grantee shall have the right to recover its legal costs from Grantors , j <br /> including attorney ' s fees or expenses associated with any enforcement or remedial action as it <br /> relates to the enforcement of this Easement . <br /> ARTICLE VII . REPRESENTATIONS OF THE PARTIES <br /> 7 . 1 . Grantors ' Title Warranty . Grantors covenant, represent and warrant (1) that it is the sole <br /> owner and is seized of the Trail Area in fee simple and has the right to grant and convey this <br /> Easement ; (ii) that there is legal access to the Trail Area; (iii) that the Trail Area is free and r; <br /> clear of any and all encumbrances , except those permitted title exceptions listed on Exhibit B , <br /> attached hereto and incorporated herein by this reference , none of which would nullify, impair <br /> or limit in any way the terms or effect of this Easement ; (iv) Grantors shall defend its title to <br /> the Trail Area against the claims of all persons whomsoever ; and (v) Grantors covenant that <br /> Grantee , its successors and assigns , shall have the use of and enjoy all of the benefits derived <br /> from and arising out of this Easement . <br /> 7 . 2 . Grantors ' Environmental Warranty . Grantors know of no release or threatened release of <br /> any Hazardous Materials on, at, beneath or from the Trail Area, or arising from or connected <br /> with a violation of any Environmental Laws . Grantors hereby promise to hold harmless and <br /> indemnify Grantee against all litigation, claims , demands , penalties and damages , including <br /> reasonable attorneys ' fees , arising from or connected with the release or threatened release by <br /> - 9 - <br />
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