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Agenda - 12/11/2008 - 4j
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Agenda - 12/11/2008 - 4j
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Last modified
12/9/2008 3:11:49 PM
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12/9/2008 3:11:47 PM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4j
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Minutes - 20081211
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-097 Conservation Easement for Future Northeast District Park (former Kirby Property)
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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r3 <br />14. Interpretation. This Conservation Easement shall be interpreted under the laws of North <br />Carolina, resolving any ambiguities and questions of the validity of specific provisions so as to give <br />maximum effect to its conservation purposes. <br />15. Perpetual Duration. This Conservation Easement shall be a servitude running with the <br />land in perpetuity. Every provision of this Conservation Easement that applies to Grantor or Grantee <br />shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other <br />successors as their interests may appear. <br />16. Inconsistent Use. There may be no use or activity on the Property that, while consistent <br />with one of the stated Conservation Purposes of this Conservation Easement, would permit destruction of <br />other significant conservation interests. A use that is destructive of conservation interests will be <br />permitted only if such use is necessary for the protection of the conservation interests that are the subject <br />of this Conservation Easement. <br />17. Notices. Any notices required by this Conservation Easement shall be in writing and <br />shall be personally delivered or sent by first class mail, to Grantor and Grantee respectively at the <br />following addresses, unless a party has been notified by the other of a change of address: <br />To Grantor: <br />Orange County Environment and Resource Conservation Dept. <br />P.O. BOX 8181 <br />Hillsborough, NC 27278 <br />To Grantee: <br />Triangle Land Conservancy <br />1101 Haynes Street, Suite 205 <br />Raleigh, North Carolina 27604 <br />Attn: President <br />18. Environmental Condition. Grantor warrants that it has no actual knowledge of a release <br />or threatened release of hazardous substances or wastes on the Property. <br />19. Subsequent Liens on Propertv. No provisions of this Conservation Easement should be <br />construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing, <br />provided that any mortgage or lien arising from such a borrowing would be subordinated to this <br />Conservation Easement. <br />20. Acceptance and Effective Date. As attested by the Seal of the Triangle Land <br />Conservancy and the signature of its President affixed hereto, Grantee hereby accepts without reservation <br />the rights and responsibilities conveyed by this Conservation Easement. This Conservation Easement is <br />to be effective as of its recording in the County in which the Property lies. <br />21. Severability. Invalidity of any of the covenants, terms or conditions of this Conservation <br />Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the <br />other provisions hereof which shall remain in full force and effect. <br />KCBCM: 252126.5 <br />9 <br />
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