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2017-602 DEAPR - Brumley Forest Trail Easement
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2017-602 DEAPR - Brumley Forest Trail Easement
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Last modified
7/3/2018 2:54:43 PM
Creation date
10/31/2017 9:17:44 AM
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Contract
Date
10/30/2017
Contract Starting Date
10/30/2017
Contract Document Type
Agreement
Agenda Item
3/3/11
Document Relationships
Agenda - 03-03-2011 - 4e
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\Board of County Commissioners\BOCC Agendas\2010's\2011\Agenda - 03-03-2011
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Conservation Easement entered into on the 21st day of September, 2011 with The Association for <br /> the Preservation of the Eno River Valley, Inc., which such easement is recorded in Book 5224, <br /> Page 391, Orange County Registry. <br /> B. Grantee is a body politic and corporate, a political subdivision of the State of <br /> North Carolina, with powers prescribed in Chapter 153A of the North Carolina General Statutes. <br /> C. Grantor is willing to grant a 25-foot-wide easement and trail right-of-way <br /> (hereinafter the `Basement Area") as described in Exhibit B and on which Grantee may construct <br /> a pedestrian trail (hereinafter,the "Trail") for pedestrian ingress and egress over, and through the <br /> Property described in Exhibit A. <br /> D. Grantor and Grantee recognize the value of the Property in its present state, and <br /> have, by the conveyance of an Easement to the Grantee,promoted the common purpose of <br /> preserving the natural values and character of the Property, and preventing use or development in <br /> any manner that would conflict with the maintenance of the Property in its scenic and natural <br /> condition, and the Grantor is willing to make the Trail available to the public for recreational <br /> purposes. <br /> E. Grantor and Grantee also recognize that the Easement will also serve the <br /> following clearly delineated governmental policies and objectives: <br /> (1)the Orange County Board of Commissioners' goal (adopted June 21, 1999) to <br /> identify and coordinate the preservation of the County's most significant natural areas; and <br /> (2) the Land Use Element of the Orange County Comprehensive Plan <br /> (adopted November 18, 2008) with its goal of"Land uses that are appropriate to on-site <br /> environmental conditions and features, and that protect natural resources, cultural <br /> resources, and community character;" and <br /> (3) the Stoney [sic] Creek Small Area Plan (adopted 2006)with its goal of <br /> conserving the Stony Creek corridor as a wildlife corridor surrounded by lower intensity <br /> land uses; and <br /> (4)the Orange County portion of the North Carolina Mountains-to-Sea Trail <br /> corridor plan (adopted April 10, 2010), which identifies a spur trail through this property; and <br /> (5) the protection of similar Orange County properties designed to protect <br /> conservation and open space values through trail easements and conservation easements granted <br /> to the Grantee and others in the immediate vicinity of the Property; and <br /> (6)NCGS § 139-2 et seq., which provides that"it is hereby declared ...that the <br /> farm, forest and grazing lands of the State of North Carolina are among the basic assets of the <br /> State and the preservation of these lands is necessary to protect and promote the health, safety <br /> Page 2 of 8 <br />
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