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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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2/1/2022
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6-a
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Agenda for February 1, 2022 BOCC Meeting
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41 <br /> Model Conservation Easement Revised <br /> resource research conducted by the Grantor or at Grantor's direction or with <br /> Grantor's permission shall be reported to the Grantees. <br /> (d) Management of Exotics and Invasive Species. The right,but not the obligation, <br /> to control, manage or destroy exotic non-native species or invasive species of <br /> plants and animals that threaten the conservation values of the Property. The <br /> Parties will consult with each other prior to implementing control activities. <br /> 5. RESPONSIBILITIES OF GRANTOR AND GRANTEES NOT AFFECTED. <br /> Other than as specified herein, this Conservation Easement is not intended to impose any legal <br /> or other responsibility on the Grantor, or in any way to affect any existing obligation of the <br /> Grantor as owner of the Property. Among other things, this shall apply to: <br /> (a) Taxes - The Grantor shall be solely responsible for payment of all taxes and <br /> assessments levied against the Property. <br /> (b) Upkeep and Maintenance - The Grantees shall have no obligation for the upkeep <br /> or maintenance of the Property. The granting of this Conservation Easement shall <br /> not in and of itself be construed to create or impose upon the Grantor any <br /> obligation for the upkeep or maintenance of the Property except to the extent <br /> elsewhere required by this Conservation Easement. <br /> 6. ACCESS. This Easement is not intended to create any rights of the public in, on <br /> or to the Property except by way of the NC Mountains-to-Sea Trail corridor which the location is <br /> identified as "Trail Area" on the Plat for this Conservation Easement. Additionally, the public <br /> has the right to view the Property from adjacent publicly accessible areas such as public roads <br /> and waterways. <br /> 7. ENFORCEMENT. The Grantees shall have the right to prevent and correct <br /> violations of the terms of this Conservation Easement. <br /> (a) With reasonable advance notice provided to the Grantor or with the Grantor's <br /> prior verbal consent, the Grantees shall have the right to enter the Grantor's Property for the <br /> purpose of inspecting for compliance with the terms of this Conservation Easement. The <br /> Grantees shall have the right to prevent violations and remedy violations of the terms of this <br /> Conservation Easement through judicial action, which shall include, without limitation, the right <br /> to bring proceedings in law or in equity against any party or parties attempting to violate the <br /> terms of this Conservation Easement. Except when an ongoing or imminent violation could <br /> irreversibly diminish or impair the conservation values of the Property, the Grantees shall give <br /> the Grantor written notice of the violation and thirty (30) days to cure the violation, before <br /> commencing any legal proceedings. The Grantees may obtain an injunction to stop a violation or <br /> a threatened violation, temporarily or permanently. The parties agree that a court may issue an <br /> injunction or order requiring the Grantor to restore the Grantor's Property to its condition prior <br /> Page 13 of 22 <br />
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