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Agenda - 09-02-2003-5b
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Agenda - 09-02-2003-5b
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Last modified
9/1/2008 10:26:24 PM
Creation date
8/29/2008 10:50:34 AM
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BOCC
Date
9/2/2003
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes - 20030902
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-060 Resolution - Purchase of Steep Bottom Branch Conservation Easement
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Steep Bottom Branch Conservation Easement 7-11-03 draft 14 <br />14. NOTICES. Any notices required by this Conservation Easement shall be in <br />writing and shall be personally delivered or sent by first class mail, to (Jantor and Grantee, <br />respectively, at the following addresses, unless a party has been notified by the other of a change <br />of address. <br />To the Grantor: <br />Triangle Land Conservancy <br />1101 Haynes Street, Suite 205 <br />Raleigh, NC 27604 <br />To the Grantee: <br />Orange County Environment and <br />Resource Conservation Department <br />Orange County, North Carolina <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />15. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual <br />knowledge of a release or threatened release of hazardous substances or wastes on the Easement <br />Area. <br />16. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby. <br />17. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />18. RE-RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re-record this instrument or any other <br />appropriate notice or instrument. <br />19. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantor to use the <br />Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising <br />from such a borrowing is made subordinate to this Conservation Easement. <br />21. EXHIBITS AND DOCUMENTATION. <br />(a) Documentation Report. The parties acknowledge that the Baseline Report, a copy <br />of which is on file at the offices of the Grantee, accurately establishes the uses, structures, <br />
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