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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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1/27/2022 1:11:18 PM
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2/1/2022
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6-a
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Agenda for February 1, 2022 BOCC Meeting
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10 <br /> National Registry of Historic Places and an Orange County Landmark, to develop a <br /> balanced State program of historic properties. <br /> Moreover, Grantor and Grantee recognize that the Easement Area has other conservation <br /> values and purposes, including fish and wildlife conservation, open space values, and scenic <br /> values (hereinafter, collectively with the conservation values described in this Section E of the <br /> Recitals and the conservation purposes of this Conservation Easement, the "Conservation <br /> Values"). <br /> F. Grantee has received or will receive a grant from Fund in accordance with Grant <br /> Contract No. 2020-048 between Grantee and Fund dated January 5, 2021 (the "Grant <br /> Contract"). In the Grant Contract, Grantee agreed to enter into this Conservation Easement. The <br /> terms and conditions of the Grant Contract are incorporated herein by reference as if fully set <br /> forth herein. The Grant Contract is on file and available for public inspection in the offices of <br /> Grantee and Fund. The Grant Contract and this Conservation Easement are collectively referred <br /> to herein as the "Project." <br /> G. Grantor and Grantee acknowledge that the Easement Area is currently <br /> unencumbered except as permitted in Article V of this Conservation Easement. The Easement <br /> Area's characteristics, its current use, and its state of improvement are described in a Baseline <br /> Documentation Report (the "BDR"), which was required under the Grant Contract and is on file <br /> and available for public inspection in the offices of Grantee and Fund. The Parties acknowledge <br /> that the BDR is the appropriate basis for monitoring compliance with the objectives of <br /> preserving the Conservation Values and that it is not intended to preclude the use of other <br /> evidence (e.g. surveys, appraisals) to establish the condition of the Easement Area at the time of <br /> the execution of this 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 /> are hereby acknowledged by the Parties, Grantor hereby unconditionally and irrevocably gives, <br /> grants, and conveys forever and in perpetuity to Grantee, its successors and assigns, and Grantee <br /> hereby accepts, this Conservation Easement of the nature and character and to the extent <br /> hereinafter set forth in, on, over, under, through, above, and across the Easement Area, together <br /> with the 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 conservation purposes and it <br /> shall be so held, maintained, and used therefor. Grantor hereby conveys to Grantee all <br /> development rights that are now or hereafter allocated to, or are implied or inherent in, the <br /> Easement Area, and the Parties agree that such rights are terminated and extinguished, and may <br /> not be used on or transmitted to any portion of the Property, as it now or hereafter may be <br /> bounded or described, or to any other property. It is the further purpose of this Conservation <br /> Easement to prevent any use of the Easement Area that will impair or interfere with the <br /> preservation of the Conservation Values. Grantor intends that this Conservation Easement will <br /> restrict the use of the Easement Area to such activities as are consistent with the Conservation <br /> 3of17 <br />
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