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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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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)
Path:
\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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19 <br /> D. Existing Responsibilities of Grantor and Grantee Not Affected. Other than as <br /> specified herein, this Conservation Easement is not intended to impose any legal or other <br /> responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of <br /> the Property, which includes the Easement Area. Among other things, this shall apply to: <br /> 1. Taxes. Grantor shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Property, including the Easement <br /> Area. If Grantee is ever required to pay any taxes or assessments on its <br /> interest in the Easement Area, Grantor shall reimburse Grantee for the <br /> same. <br /> 2. Upkeep and Maintenance. Grantor shall continue to be solely responsible <br /> for the upkeep and maintenance of the Property, including the Easement <br /> Area, to the extent it may be required by law. Grantee shall have no <br /> obligation for the upkeep or maintenance of the Easement Area. <br /> 3. Liability and Indemnification. If Grantee is ever required by a court to pay <br /> damages resulting from personal injury or property damage that occurs on <br /> the Property, including the Easement Area, Grantor shall indemnify and <br /> reimburse Grantee for these payments, as well as reasonable attorneys' <br /> fees and other expenses of defending itself,unless Grantee has committed <br /> a deliberate act that is determined to be the sole cause of the injury or <br /> damage. <br /> E. Conservation Purpose. Grantor and Grantee, each for itself, and its respective <br /> successors and assigns, agree that this Conservation Easement shall be held exclusively for <br /> conservation purposes set forth by the Grant Contract, this Conservation Easement, and as <br /> specified in Section 170(h)(4)(A) of the Code. Further, this Conservation Easement shall be <br /> construed to promote the purposes of the Act and such purposes of this Conservation Easement <br /> as are defined in Section 170(h)(4)(A) of the Code. <br /> F. Recording. Grantee shall record this instrument and any amendment hereto in the <br /> official records of Orange County,North Carolina, and may re-record it at any time as may be <br /> required to preserve Grantee's rights. <br /> G. Notices. Any notices shall be sent by registered or certified mail,return receipt <br /> requested, to the Parties at their addresses shown below, and each Party may update its <br /> information by a notice sent in accordance with this Paragraph: <br /> If to Grantee: If to Grantor: <br /> Orange County c/o DEAPR Friends of Moorefields, Trustee <br /> P.O. Box 8181 2201 Moorefields Road <br /> Hillsborough,NC 27278 Hillsborough,NC 27278 <br /> 12 of 17 <br />
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