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i <br /> 2 <br /> The easement document has been revised to include the following: <br /> 1. Extension of the deadline for the County to make a final decision regarding <br /> ownership of the conservation area; <br /> 2. Additional "hold harmless" language to require that the homeowners association <br /> maintain liability insurance and that Orange County be included as an additional <br /> insured party; <br /> 3. Addition of language to require that storm debris from Hurricane Fran be removed <br /> from the open space area prior to conveyance of the conservation easement to the <br /> homeowners association; <br /> 4 Other changes, as recommended by the County Attorney. <br /> The changes are highlighted and crossed-out on the document attached. <br /> Purpose of the Easement <br /> The easement is in the nature of a negative servitude, in that it restricts the use of the <br /> property. It also conveys to the County (and any assignee of the County)the right to <br /> monitor the activities within the conservation area and to enforce the protection of the <br /> conservation area. <br /> For example,the easement does not grant rights for the grantee to construct trails or <br /> overlooks. Easement provisions giving the grantee rights to construct trail or <br /> interpretive facilities could be included in the easement for Phases III and IV. <br /> Interpretive facilities in conjunction with the park site would likely be adjacent to the <br /> park site, in Phase IV. If a trail is established on the south side of NC 10 in the future <br /> it should be located in Phase III, on the eastern side of the conservation area in closer <br /> proximity to the main channel of Stoney Creek. Location of trails on the east side of <br /> the creek would also provide trail access to a larger number of lots within University <br /> Manor. The 8.3 acres in the conservation area for Phase I is a relatively small and <br /> narrow portion of the total conservation area of 167 acres. Restriction against trail <br /> access in the Phase I portion will not affect the ability to provide for trails through the <br /> conservation area as a whole. <br /> Liability <br /> The easement as recommended specifies that: <br /> • the Grantor(which will be the homeowners association)will "bear all costs and <br /> liabilities of any kind related to the ownership, operation , upkeep and <br /> maintenance of the Protected Property" ; and <br />