Orange County NC Website
8 <br /> ARTICLE I. GENERAL <br /> 1.1. Statement of Purpose. The purposes of this Easement are to prevent any use of the Trail <br /> Area that will significantly impair or interfere with the Conservation Values and to allow for the <br /> inclusion of the Trail Area in the North Carolina Mountain-to-Sea Trail so that the Trail Area <br /> may be used for educational, scientific and low-impact recreational activities by the general <br /> public pursuant to a general management plan that is consistent with the Conservation Values. <br /> Grantor intends that this Easement will restrict the use of the Trail Area to such activities as are <br /> consistent with these purposes. Grantee agrees that this Easement shall be held exclusively for <br /> the purposes set forth herein and as specified in Section 170(h)(4)(A) (or any successor section) <br /> of the Code and shall be construed to promote the purposes of the Act. <br /> 1.2. Perpetual Duration. This Easement over the Trail Area as further described in Exhibit A, <br /> shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee <br /> against Grantor as provided herein, and against Grantor's representatives, successors, assigns, <br /> leases, agents and licensees. <br /> 1.3. Compliance with other Re_u�ry Requirements. The Grantee is responsible for <br /> complying with any and all additional permits or regulation to use or develop the Trail Area <br /> under the terms of this Easement, including Orange County, State of North Carolina or Federal <br /> requirements, regardless of any reserved rights or permissions contained in this Easement <br /> document. <br /> ARTICLE II. RESERVED RIGHTS OF GRANTOR <br /> Subject to the terms, conditions and restrictions contained herein, Grantor reserves for <br /> itself and its successors and assigns the following rights: <br /> 2.1. Quiet Enjoyment. All rights accruing from Grantor's fee ownership of the Trail Area, <br /> including the right to engage in or permit or invite others to engage in all uses of the Trail Area <br /> that are consistent with the Conservation Values, including any reasonable use of the Property <br /> that will not interfere with the trail and is not otherwise prohibited by the terms of this Easement. <br /> 2.2. Educational and Recreational Uses. Utilization of the Trail Area for scientific, <br /> educational and low-impact recreational activities to the same extent the Trail Area is utilized by <br /> Grantee for such purposes; specifically, Grantor retains the right to engage in and permit others <br /> to engage in such activities that may include, without limitation, walking, hiking, plant and <br /> animal observation and study. <br /> 2.3. Vegetation Removal. Cutting or clearing of vegetation for insect or disease control, <br /> control of non-native plants, removal of trees that threaten to fall on the Trail Area or on land <br /> outside the boundaries of the Trail Area. Grantor does not assume any responsibility or liability <br /> to the general public for failing to do so. <br /> -3- <br />