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Beginning at a point where the center line of Tanyard Branch <br />crosses the northern right -of -way margin of Caldwell Street; <br />Thence from said point of beginning and down Tanyard Branch, <br />the following calls: N 27° 17' 16" W 52.34' to a point; <br />Thence N 05° 56' 36" W 68.56' W to a point; Thence N 31° 46' <br />58" W 38.45' to a point; Thence N 630 45' 18" W 40.24' to a <br />point; Thence N 70° 23'14" w 74.11' to a point; Thence N 300 <br />23' 19" W 58.33' to a point; Thence N 120 02' 45" W 80.79' to <br />a point;. Thence N 17° 45' 11" W 30.94' to a point; Thence N 420 <br />13' 20" W 22.93' to a point; Thence leaving Tanyard Branch N <br />700 16' 01" E 16.50' to a point; Thence N 22° 58' 59" W 42.00' <br />to a point; Thence N 22° 58' 59" W 90.00' to a concrete <br />monument on the southern right -of --way margin of McMasters <br />Street; Thence with the southern right -of -way N 65° 21' 01" E <br />144.59' to a point; Thence leaving said right -of -way S 190 25' <br />44" E 138.17' to a point; Thence S 270 07' 25" E 212.28' to a <br />point; Thence S 52° 48' 25" E 143.86' to a point on the <br />northern right -of -way margin of Caldwell Street; Thence with <br />the northern right -of -way margin of Caldwell Street and <br />curving to the left (Radius = 429.66' Arc = 49.551) S 42° 00' <br />49" W 49.52' to a point; Thence continuing along said right - <br />of -way S 38° 42' 35" W 104.07' to a point: Thence curving to <br />the right with the northern right -of -way (Radius = 350.32' Arc <br />= 39.031) S 41° -54' 05" W 39.01' to the point and place of <br />beginning; containing 1.78 acres more or less all as shown on <br />the plat of the property titled "TANYARD CREEK GREENWAY, <br />PROPERTY OF ORANGE COUNTY," which plat is Exhibit A to this <br />easement and incorporated herein by reference. <br />The terms, conditions and restrictions of this Easement are <br />as follows: <br />(1) No structure shall be erected on the property; <br />provided trails, stairs, signs, trail markers, <br />litter receptacles, picnic tables, picnic shelters, <br />gates, trail bridges and other trail, recreational <br />and convenience facilities may be placed upon the <br />property by the Town of Chapel Hill consistent with <br />Town policy. <br />(2) There shall be no dumping of ashes, garbage, waste <br />or other unsightly or offensive material on the <br />property. <br />(3) There shall be no excavation, dredging, removal of <br />loam, rock, sand, gravel or other material, nor any <br />building of roads; excepting for the construction <br />and maintenance of trails, fire lanes, other <br />accesses by the Town of Chapel Hill.. <br />(4) There shall be no removal, destruction or cutting <br />of trees, shrubs or other vegetation from the <br />property except as may be performed by the Town of <br />Chapel Hill: (a) for the construction of trails <br />