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<br />, . <br /> <br />200608646 <br /> <br />7. If the amount of the net annual flow depletion is calculated to be greater than 25 acre- <br />feet per year, on an average annual basis during the months of February through July, further <br />prompt consultation with the Service must occur in order to comply with other reasonable means <br />to either avoid or offset the adverse impacts of the portions of the flood control project on or <br />within the former CHAAP on listed endangered species and critical habitat. <br /> <br />8. Consultation must occur with the Service and the state fish and wildlife agency to <br />ensure that the future use of the property is in compliance with all applicable environmental laws <br />and regulations, including the substantive environmental and natural resource provisions of <br />Executive Orders 11988 and 11990. <br /> <br />The U.S. Fish and Wildlife Service shall have the right to enforce each of the above <br />requirements against the Grantee, its successors and assigns, in any court of competent <br />jurisdiction, in the event the Grantee, its successors and assigns, fail to perfonn anyone or more <br />of them. <br /> <br />V. GENERAL EXCEPTIONS TO CONVEYANCE <br /> <br />This conveyance is expressly made subject to the following matters to the extent and only <br />to the extent the same are valid and affect the property: <br /> <br />a. All existing permits, easements and rights-of-way for public streets, roads and <br />highways, public utilities, electric power lines, electric transmission facilities, recreational trails, <br />railroads, pipelines, ditches and canals on, over and across said land, whether or not of record, <br />including but not limited to the following: <br /> <br />Perpetual Easement No. DACA45-2-00-6023 granted to Hall County, for road <br />rights-of-way. <br /> <br />b. Any zoning laws, ordinances, or regulations governing the subject property or <br />regulations of other regulatory authorities having jurisdiction. <br /> <br />c. Matters which would be disclosed by a careful physical inspection of the property or <br />the property records and by a properly conducted survey of the property. <br /> <br />d. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any <br />encroachments, or protrusions, or any overlapping of improvements which may affect the <br />property. <br /> <br />e. All existing interest(s) reserved to or outstanding in third parties in and to coal, oil, gas, <br />and/or minerals. <br /> <br />f. All other existing interests reserved by any original Grantor(s) in chain oftitle unto said <br />Grantor(s), their respective successors and assigns, which affects any portion of the property <br />interest(s) hereinabove described. <br /> <br />8 <br />