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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
Date
2/1/2022
Meeting Type
Business
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Agenda
Agenda Item
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
(Message)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2022
OTHER-2022-009-Conservation Easement Friends of Moorefields property
(Message)
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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
(Message)
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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
(Message)
Path:
\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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Path:
\Board of County Commissioners\Resolutions\2020-2029\2022
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62 <br /> 8.9. Notices. Any notices required by this Easement shall be in writing and shall be <br /> personally delivered or sent by first class mail to Grantor or Grantee respectively, at the <br /> following address,unless a party has been notified in writing by the other of a change of address. <br /> To the Grantor: To the Grantee: <br /> FRIENDS OF MOOREFIELDS Orange County DEAPR <br /> 2201 MOOREFIELDS ROAD PO Box 8181 <br /> Hillsborough,NC 27278 Hillsborough,NC 27278 <br /> 8.10. Entire Agreement. This instrument sets forth the entire agreement of the Parties with <br /> respect to the Easement and supersedes all prior discussions, negotiations, understandings or <br /> agreements relating to the Easement. If any provision is found to be invalid, the remainder of the <br /> provisions of this Easement, and the application of such provision to persons of circumstances <br /> other than those as to which it is found to be invalid, shall not be affected thereby. <br /> 8.11. Availability or Amount of Tax Benefits. Grantee make no warranty, representation or <br /> other assurance regarding the availability, amount or effect of any deduction, credit or other <br /> benefit to Grantor or any other person or entity under United States or any state, local or other <br /> tax law to be derived from the donation of any part of the value of this Easement or other <br /> transaction associated with the donation of this Easement. Grantor's donation is not conditioned <br /> upon the availability or amount of any such deduction, credit or other benefit. Grantee makes no <br /> warranty, representation or other assurance regarding the value of this Easement or of the Trail <br /> Area. As to all of the foregoing, Grantor is relying upon Grantor's own legal counsel, <br /> accountant, financial advisor or other consultant and not upon Grantee's legal counsel, <br /> accountant, financial advisor or other consultant of Grantee. In the event of any audit or other <br /> inquiry of a governmental authority into the effect of this donation upon the taxation or financial <br /> affairs involving Grantor or Grantor's heirs, successors or assigns or other similar matter then <br /> Grantee shall be reimbursed and indemnified for any cost or expense of any kind or nature <br /> whatsoever incurred by Grantee in responding or replying thereto. <br /> 8.12. Warranties and Representations of Owner. By signing this Easement, Grantor <br /> acknowledges, warrants and represents to Grantee that: <br /> (a) Grantor has had the opportunity to be represented by counsel of Grantor's choosing <br /> and fully understand that Grantor is hereby permanently relinquishing property rights <br /> which would otherwise permit Grantor to have a fuller use and enjoyment of the Trail <br /> Area. <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of <br /> minerals or removal of timber from the Trail Area which would, if any of the <br /> activities permitted under such lease or other agreement were undertaken by Grantor, <br /> violate the covenants or restrictions in this Easement or otherwise defeat the <br /> conservation Purpose. <br /> - 12- <br />
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