Orange County NC Website
Browse       Search
and recreational facilities; (b) maintenance of <br />trails, fire lanes and other accesses; (c) for the <br />prevention or treatment of disease; or (d) for other <br />good husbandry practices. <br />(5 ) Members of the general public shall have free access <br />to and use of the property, subject to the laws and <br />ordinances of the Town of Chapel Hill, and for the <br />purposes allowed under policies adopted by the Town <br />including, but not limited to the following: <br />walking, jogging, running, nature studies, hiking, <br />non - motorized bicycle riding and picnicking; <br />provided, there shall be no access by the Town of <br />Chapel Hill or the public at large granted by this <br />easement to any property of the Grantor other than <br />that described and conveyed herein. <br />(6) The Town of Chapel Hill shall have the right and <br />duty to maintain this Easement in a clean, natural <br />and undisturbed state, consistent with Town policy. <br />(7) The Grantor retains ownership of the fee interest <br />in the property. <br />(8) The Town agrees to hold the Grantor harmless from <br />liability for personal injury or property damage <br />arising out of the use of the property for Greenway <br />purposes; provided the Grantor shall.not be held <br />harmless from liability caused by the active conduct <br />or instrumentalities of the Grantor, his agents, <br />invitees or contractors; or by acts of the Grantor, <br />his agents, invitees or contractors which violate <br />the terms and conditions of this Deed of Easement. <br />In the event a violation of these terms, conditions or <br />restrictions is found to exist, the Town and the Grantor may, <br />after a thirty (30) day notice to the other, institute a suit <br />to enjoin by ex parte, temporary and /or permanent injunction <br />such violation, to require the restoration of the property to <br />its prior condition, or for damages for breach of covenant. <br />The Town and the Grantor do not waive or forfeit the right to <br />take action to insure compliance with the terms, conditions <br />and purposes of this Greenway Easement by a prior failure to <br />act. <br />The Town reserves the right to enter the property at <br />reasonable times in order to monitor compliance with the <br />terms, conditions, restrictions and purposes of this Greenway <br />Easement. <br />The Grantor expressly reserves the right to continue the use <br />of the property for all purposes not inconsistent with this <br />Easement. <br />