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Agenda - 03-21-2000-7a
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Agenda - 03-21-2000-7a
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Last modified
8/29/2008 5:59:40 PM
Creation date
8/29/2008 11:16:28 AM
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BOCC
Date
3/21/2000
Document Type
Agenda
Agenda Item
7a
Document Relationships
Minutes - 03-21-2000
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2000
RES-2000-022 Resolution Authorizing the Installment Purchase of Land from Duke University and Acceptance of Grant
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2000
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47 <br />materials, and no change in the topography of the land in any manner except as necessary for <br />the purpose of combating erosion or incidental to any conservation management activities <br />otherwise permitted in this Conservation Easement. <br />F. Wetlands and Water „.,.;ty. There shall be no pollution or alteration of water <br />bodies and no activities that would be detrimental to water purity or that would alter natural <br />water levels, drainage, sedimentation and/or flow in or over the. Property or into any surface <br />waters, or cause sail degradation or erosion nor diking, dredging, alteration, draining, filling or <br />removal of wetlands, except activities to restore natural hydrology or wetlands enhancement <br />as permitted by state and any other appropriate authorities. <br />G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, <br />appliances, or machinery, or other materials an the Property is prohibited. <br />H. Conve once and Subdivision. The Property may not be subdivided, <br />partitioned nor conveyed, except in its current configuration as an entity or block of property. <br />ARTICLE iV. ENFORCEMENT AND REMEDIES <br />A. Enforcement.. To accomplish the purposes of this Easement, Grantee is <br />allowed to prevent any activity on or use of the Property that is inconsistent with the purposes <br />of this Easement and to require the restoration of such areas or features of the Property that <br />may have been damaged by such activity or use. Upon any breach of the terms of this <br />Conservation Easement by Grantor that comes to the alteation of the Grantee, the Grantee <br />shall, except as provided below, notify the Grantor in writing of such breach. The Grantor <br />shall have ninety (90) days after receipt of such notice to confect the conditions constituting <br />such breach, if the breach remains uncured after ninety (90) days, the Grantee may enforce <br />this Conservation Easement by appropriate legal proceedings including damages, injunctive <br />and other relie€ The Grantee shall also have the power and authority, consistent with its <br />statutory authority: (a) to prevent any impairment of the Property by acts which may be <br />unlawful or in violation of this Conservation Easexrxent; (b) to otherwise preserve or protect its <br />interest in the Property; or (c) to seek damages from any appropriate person or entity. <br />Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to <br />obtain a temporary restr ini»v order, injunctive or other appropriate relief if the breach of the <br />term of this Conservation Easement is or would irreversibly or otherwise materially impair the <br />benefits to be derived from this Conservation Easement The Grantor and Grantee <br />aclawwledge that under such circumstances damage to the Grantee would be irreparable and <br />remedies at law will be inadequate. The rights and remedies of the Grantee provided <br />hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to <br />Grantee in connection with this Conservation Easerrlent, including, without limitation, those <br />set forth in the Grant Agreement under which this Conservation Easement was obtained. <br />B. action. Grantee, its employees and agents and its successors and assigns, <br />have the right, with reasonable notice, to enter the Property at reasonable times for the purpose <br />of inspecting the Property to determine whether the Grantor, Crrantor's representatives, or <br />ORANGE COUNTY 99A 017 EA~IT.DOG 1?J07199 71:15 AM a <br />
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