Agenda - 09-16-2003-5b - Laserfiche WebLink

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Draft.. 8/28/03 18 Brown Conservation Easement and all other successors as their interest may appear. This Conservation Easement shall not be construed to benefit or to create any rights in any third parties, including but not limited to the general public. 18. RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation Easement, the Grantee is authorized to re-record this instrument or any other appropriate notice or instrument. Grantee agrees to notify the Grantor of any such re-recording, provided, however, Grantee's failure to so notify Grantor shall not affect the re-recording. 19. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Easement Area. 20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use the Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing is made subordinate to this Conservation Easement. 21. EXHIBITS AND DOCUMENTATION. (a) Legal Description. Exhibit A is a legal description of the Easement Area. (b) Present Condition Map. Exhibit B is a GIS map and sketch showing the configuration of the property owned by the Grantor and the Easement Area that is the subject of this Conservation Easement. 22. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 23. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby accepts without reservation the rights and responsibilities conveyed 'by this Conservation Easement. This Conservation Easement is to be effective the date recorded in the Orange County Registry of Deeds. 24. ATTORNEY'S FEES. In connection with any litigation arising out of this Contract, the prevailing party shall be entitled to recover from the other party all costs incurred by it, including reasonable attorneys' fees, which shall include fees on appeal.