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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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BOCC
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2/1/2022
Meeting Type
Business
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Agenda
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6-a
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Minutes 02-01-2022 Virtual Business Meeting
(Message)
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\Board of County Commissioners\Minutes - Approved\2020's\2022
ORD-2022-003 Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2022
OTHER-2022-009-Conservation Easement Friends of Moorefields property
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\Board of County Commissioners\Various Documents\2020 - 2029\2022
OTHER-2022-010-Warranty Deed of Conservation Easement for Draper Savage Memorial Foundation
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\Board of County Commissioners\Various Documents\2020 - 2029\2022
OTHER-2022-011-Assignment of Conversation Easement Draper Savage Memorial Foundation Property
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\Board of County Commissioners\Various Documents\2020 - 2029\2022
OTHER-2022-012-Deed of Trail Easement
(Message)
Path:
\Board of County Commissioners\Various Documents\2020 - 2029\2022
RES-2022-006-Orange County Board of Commissioners Resolution approval of conversation Easements between Orange County and the Eno Rver association and Draper-Savage Memorial Foundation
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\Board of County Commissioners\Resolutions\2020-2029\2022
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18 <br /> availability of said stewardship funds. Further, the Parties acknowledge that this obligation to <br /> monitor the Easement Area is assignable without the consent of the Grantor provided such <br /> assignment is made with the prior written approval of Fund and evidenced by a written <br /> instrument signed by the Parties to the assignment and recorded in the Office of the Register of <br /> Deeds of Orange County. Provided further, that any such assignment of Eno River Association's <br /> obligation to monitor the Easement Area shall include a right of entry onto the Property and the <br /> Easement Area for the assignee of said monitoring obligation, and shall require the monitoring to <br /> be carried out in accordance with and subject to N.C.G.S. §14313-135.236 or any successor law, <br /> and Fund's internal stewardship policies and procedures. The Parties specifically acknowledge <br /> that neither Eno River Association's obligation to monitor the Easement Area, nor its assignment <br /> of said obligation, shall have any effect on the rights and obligations of Grantee of this <br /> Conservation Easement. Further,the Parties covenant that the obligation to provide monitoring <br /> of the Easement Area will survive any transfer of Grantor's fee interest in the Property. <br /> B. Subsequent Transfers of the Fee or Other Interests; Licenses. Grantor agrees for <br /> itself, its successors and assigns, that in the event it intends to transfer the Property, any interest <br /> in the Property, any portion of the Property that includes the Easement Area, or any license to <br /> use the Easement Area, to notify Grantee and Fund in writing of the names and addresses of any <br /> party to whom the Property, any interest in the Property, any portion of the Property that includes <br /> the Easement Area, or any license to use the Easement Area, is to be transferred, the nature of <br /> the interest or license to be transferred, and the terms and conditions of the intended transfer, at <br /> least sixty(60) days before the transfer is intended to be consummated. Grantor, for itself, its <br /> successors and assigns, further agrees to make specific reference to this Conservation Easement <br /> in a separate paragraph of any subsequent lease, deed, license, or other legal instrument by which <br /> any interest or license in the Property is conveyed. The Property owner shall not convey the <br /> Property or any interest or license therein, and shall not incur, assume, or suffer to exist any lien, <br /> upon or with respect to the Property,without disclosing to the prospective transferee the <br /> Conservation Easement,the obligations of the Property owner, and the limitations on use of the <br /> Property.No interest or license in the Property shall be transferred except in writing in accordance <br /> with the above. Nothing in this Paragraph abrogates or limits Paragraph J of Article III hereof. <br /> C. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize <br /> and agree that the benefits of this Conservation Easement are in gross and assignable with any <br /> such assignee having all the rights and remedies of Grantee hereunder. The Parties hereby <br /> covenant and agree, that in the event this Conservation Easement is transferred or assigned, the <br /> transferee or assignee of the Conservation Easement will be a qualified organization as that term <br /> is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (the "Code"), as amended, <br /> or any successor section, and the regulations promulgated thereunder that is organized or <br /> operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the <br /> Code, a qualified holder as that term is defined in the Act or any successor statute, and a <br /> qualified grant recipient pursuant to N.C.G.S. Chapter 14313, Article 2, Part 41. The Parties <br /> further covenant and agree that the terms of the transfer or the assignment will be such that the <br /> transferee or assignee will be required to continue to carry out in perpetuity the purpose(s) of the <br /> Conservation Easement that the contribution was originally intended to advance as set forth <br /> herein,but acknowledge specifically that any transfer or assignment of the Conservation <br /> Easement shall have no effect on Eno River Association's obligation to provide stewardship of <br /> the Conservation Easement as set forth in this Article VI. <br /> I 1 of 17 <br />
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