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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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6.8. Pemetual Duration: Severability. This Agricultural Land Easement shall be a servitude <br />running with the land in perpetuity. Every provision of this Agricultural Land Easement that <br />applies to the Grantor or the Grantee shall also apply to their respective agents, heirs, <br />executors, administrators, assigns, and all other successors as their interests may appear. <br />Invalidity of airy of the covenants, terms or conditions of this Agricultural Land Easement, or <br />any part thereof by court order orjudgment shall in no way affect the validity of any of the <br />other provisions hereof which shall remain in full force and effect. <br />6.9. Subseauenl Liens on Protected Property. No provision of this Agricultural Land Easement <br />should be constmed as impairing the ability of Grantor to use the Protected prnperty <br />collateral for subsequent borrowing. Any such liens shall be and remain subordina to [ <br />Agricultural Land Easement. O� <br />6.10. Subsequent Easements/Restrictions on the Protected Property. The grant ci asemllllan'' is or <br />use restrictions that might diminish or impair the agricultural viability Q�proflu4vity of the <br />Protected Property or otherwise diminish or impair the Conservation va- 11es of the Protected <br />Property is prohibited. Any such easements or restrictions shall be hdmrdinated to this <br />Agricultural Land Easement. , <br />6.11. Notices. Any notices required by this Agricultural Land Easemdnt shall be in writing and <br />shall be personally delivered or sent by first class mail to b`'Grantor, Grantee, NCDA&CS, <br />and the United States, respectively, at the following ad <br />ntunless a party has been notified <br />in writing by the other of a change of address. r11�- <br />To the Grantor: To the Grantee: _ 6� To the United States: <br />State Conservationist <br />4407 Bland Rd., Suite 117 <br />Raleigh, NC 27609-6387 <br />To State of North Carolina: <br />N.C. Dept. of Agriculture & 1 <br />Consumer Services ` v <br />NC ADFP Trust Fund <br />2 West Edenton Street <br />Raleigh, NC 276 1 <br />6.12. Approval by tee. In any case where the terms of this Agricultural Land Easement require <br />the approval of the Grantee, unless otherwise stated herein, such approval shall be requested in <br />writing to the Grantee, and the United States and NCDA&CS if required, in accordance with <br />Section 6.10. In any provision of this Agricultural Land Easement in which the Grantor is <br />required to provide advance notice to the Grantee of any activity on the Protected Property, <br />sych notice shall be given not less than thirty (30) calendar days prior to the planned <br />commencement of the activity. If the Grantee's approval is required, such approval shall be <br />deemed withheld/disapproved unless Grantee provides to the Grantor written notice of <br />approval within 30 calendar days of receipt of such request. If Grantor has received no <br />response within such 30 calendar days, Grantor may send a second written notice to Grantee <br />requesting a statement of the reasons for the disapproval and the Grantee shall respond within <br />30 calendar days with an explanation for the specific reasons and basis for its decision to <br />disapprove. <br />F-7 Page 160 <br />
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