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(7) Article 17 of the North Carolina General Statutes NCGS 113A- 240 -241,
<br />entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known
<br />as the "Million Acre Initiative," which states that the State of North Carolina shall encourage,
<br />facilitate, plan, coordinate, and support appropriate federal, State, local, and private land
<br />protection efforts so that an additional one million acres of farmland, open space and
<br />conservation lands in the State are permanently protected by December 31, 2009.
<br />NOW, THEREFORE, Grantor, for and consideration of the facts recited above and of the
<br />mutual covenants, terms, conditions and restrictions contained herein, hereby give, grant and
<br />convey unto the Grantee; its successors and assigns, forever and in perpetuity for the benefit of
<br />the people of Orange County, a Public Trail Easement over the Property of the nature and
<br />character as follows:
<br />1. PROPERTY USES. Any activity on, or use of the Trail inconsistent with the
<br />purposes of this Easement is prohibited. The Trail shall be maintained in its natural, scenic and
<br />open condition and restricted from any development that would significantly impair or interfere
<br />with the conservation values of the property. Without limiting the generality of the foregoing, the
<br />following is a listing of activities and uses that are expressly prohibited. Grantor and Grantee
<br />have determined that activities that do not impair the conservation values of the property will be
<br />allowed as set forth in Sections 2 and 3 below and are expressly the right of only the Grantor and
<br />Grantee. Therefore, except as denoted, no one may:
<br />1.1 Create, plant, or construct (in, on, over, or through the Trail) any sign,
<br />paving material, gravel, structure, fill, embankment, plant or flora of any size, encroachment of
<br />any nature, obstruction of any nature, or improvement of any nature, or permit anyone to do any
<br />of the foregoing acts; or
<br />1.2 Remove, transplant, tear, cut, spray, fertilize, prune, brace, attach any
<br />rope, wire, nail, sign, poster, or other device to, or otherwise disturb any of the plants, ,flora, or
<br />animals on the Trail, or permit anyone to do any of the foregoing acts, provided, however, either
<br />parry shall have the right to remove or treat unsightly and/or damaged trees and other vegetation
<br />if located within the easement area but clearly visible from any other portion of the Grantor's
<br />surrounding property with notification and-approval of the Grantee; or
<br />1.3 Dig into the surface of, or remove any of the soil or natural materials from,
<br />the Trail, or permit anyone to do any of the foregoing acts; or
<br />1.4 Place any foreign material, thing, or device (including but not limited to
<br />brush, leaves, vehicles, containers, paving, gravel, lumber, stone, brick, sand, concrete, trash,
<br />debris, plastic, stone, fuel, or chemicals) temporarily or permanently on the Trail, or permit
<br />anyone to do any of the foregoing acts; or
<br />1.5 Possess or discharge any firearm or other weapon and or hunt, kill, trap,
<br />or molest any wild animals on the Trail, or permit anyone to do any of the foregoing acts, and
<br />without limiting any other provision hereof;
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