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Agenda - 12-09-2003-5a
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Agenda - 12-09-2003-5a
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Last modified
9/1/2008 10:23:54 PM
Creation date
8/29/2008 10:36:43 AM
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BOCC
Date
12/9/2003
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20031209
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-080 Resolution of Approval and Acceptance of Grant - Agricultural Conservation Easement with Everett and Lewis Cheek
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Draft 10-I 5-03 (clean) 1 ~ <br />amount of the Easement value, then the Grantor shall not be responsible to share any proceeds <br />awarded.. <br />All termination-related or condemnation-related expenses incurred by the Grantors and <br />the Grantee shall be paid out of any recovered proceeds prior to distribution of the net <br />proceeds as described herein,. <br />24, Interpretation <br />This Easement shall be interpreted under the laws of'the State of North Carolina, <br />resolving any ambiguities and questions of'the validity of specific provisions so as to give <br />maximum effect to its conservation purposes. <br />2.5. Perpetual Duration; Severability <br />The Easement created by this Deed shall be a servitude running with the land in <br />perpetuity, Every provision of"this Deed that applies to the Grantors or the Grantee shall also <br />apply to their respective agents, heirs, executors, administrators, assigns, and all other <br />successors as their interests may appear. Invalidity of any of the covenants, terms or <br />conditions of this Easement, or any part thereof by court order or judgment shall in no way, <br />affect the validity of any of the other provisions hereof which shall remain in full force and <br />effect. <br />26. Notices <br />Any notices required by this Deed shall be in writing and shall be personally delivered <br />or sent by first class mail to the Grantors and the Grantee respectively at the following <br />addresses, unless a party has been notified in writing by the other of a change of address: <br />To the Grantors: To the Grantee: To the NRCS: <br />Everett and Lewis Cheek Orange County ERCD State Conservationist <br />1811 Dairyland Road PO Box 8181 4405 Bland Rd., Suite 205 <br />Chapel Hill, NC 27516 Hillsborough, NC 27278 Raleigh, NC 27609 <br />27. Grantor's Title Warrmrty <br />The Grantors warrant that they hold fee simple title to the Property, free from all <br />encumbrances and hereby promise to defend the same against all claims that may be made <br />against it, except for the following: <br />(a) All enforceable easements and rights of way currently depicted in the <br />Orange County Registry and <br />(b) Public Road rights of way affecting the Property, <br />
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