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OTHER-2024-042-Approval to Purchase Real Property – Kittrell-McAdoo Tract, and Grant of Conservation Easement to North Carolina Land and Water Fund
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OTHER-2024-042-Approval to Purchase Real Property – Kittrell-McAdoo Tract, and Grant of Conservation Easement to North Carolina Land and Water Fund
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Last modified
12/23/2024 3:06:51 PM
Creation date
12/23/2024 3:05:10 PM
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BOCC
Date
6/4/2024
Meeting Type
Business
Document Type
Others
Agenda Item
8-f
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Agenda - 06-04-2024; 8-f - Approval to Purchase Real Property - Kittrell-McAdoo Tract, and Grant of Conservation Easement to North Carolina Land and Water Fund
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 06-04-2024 Business Meeting
Agenda for June 4, 2024 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 06-04-2024 Business Meeting
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Property owner, and the limitations on use of the Property . No interest or license in the Property <br /> shall be transferred except in writing in accordance with the above . Nothing in this Paragraph <br /> 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 /> firr•ther 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 ASSOCIATION FOR THE PRESERVATION OF THE ENO <br /> RIVER VALLY, INC ' s obligation to provide stewardship of the Conservation Easement as set <br /> forth in this Article VI . <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 . Among other things , this shall apply to . <br /> L Taxes . Grantor shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Property . If Grantee is ever <br /> required to pay any taxes or assessments on its interest in the Property , <br /> Grantor shall reimburse Grantee for the same . <br /> 2 . Upkeep and Maintenance . Grantor shall continue to be solely responsible <br /> for the upkeep and maintenance of the Property to the extent it may be <br /> required by law . Grantee shall have no obligation for the upkeep or <br /> maintenance of the Property . <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 , Grantor shall indemnify and reimburse Grantee for these <br /> payments , as well as reasonable attorneys ' fees and other expenses of <br /> defending itself, unless Grantee has committed a deliberate act that is <br /> determined to be the sole cause of the injury or damage . <br /> NCLWr Property CE Template — rev . Oct 2023 <br /> 13 of 18 <br />
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