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Agenda 11-16-2021; 8-d - Approval of Trail Easement and Conservation Easement Amendment - Carl and Eve Shy Property
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Agenda 11-16-2021; 8-d - Approval of Trail Easement and Conservation Easement Amendment - Carl and Eve Shy Property
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11/11/2021 4:57:30 PM
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11/16/2021
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Business
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Agenda
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8-d
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Minutes 11-16-2021 Virtual Business Meeting
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15 <br /> 8.4. Procedure in the Event of Termination of Easement. If the North Carolina Mountains-to- <br /> Sea Trail is not routed through the Trail Area within ten(10)years of the execution of this <br /> Easement at the Grantors request, this Easement may be terminated. <br /> If it is determined that conditions on or surrounding the Trail Area have changed so much <br /> that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction <br /> may, at the Grantors request, terminate this Easement. <br /> If condemnation of a part of the Trail Area or of the entire Property by public authority <br /> renders it impossible to fulfill any of these conservation purposes, the Easement may be <br /> terminated through condemnation proceedings. <br /> 8.5. Interpretation. This Easement shall be interpreted under the laws of the State of North <br /> Carolina, resolving any ambiguities and questions of the validity of specific provisions so as to <br /> give maximum effect to its conservation purposes. <br /> 8.6. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude <br /> running with the land in perpetuity. Every provision of this Deed of Trail Easement that applies <br /> to the Grantors or the Grantee shall also apply to their respective agents, heirs, executors, <br /> administrators, assigns, and all other successors as their interests may appear. Invalidity of any <br /> of the covenants,terms or conditions of this Easement, or any part thereof by court order or <br /> judgment shall in no way affect the validity of any of the other provisions hereof, which shall <br /> remain in full force and effect. <br /> 8.7. Subsequent Liens on the Trail Area. No provision of this Easement should be construed <br /> as impairing the ability of Grantors to use the Trail Area as collateral for subsequent borrowing. <br /> Any such liens shall be and remain subordinate to this Easement. <br /> 8.8. Subsequent Easements/Restrictions on the Trail Area. The grant of any easement or use <br /> restriction that might diminish or impair the Conservation Values of the Trail Area is prohibited. <br /> Any such easement or restriction shall be subordinated to this Easement. <br /> 8.9. Notices. Any notices required by this Easement shall be in writing and shall be <br /> personally delivered or sent by first class mail to Grantors or Grantee respectively, at the <br /> following address,unless a party has been notified in writing by the other of a change of address. <br /> To the Grantors: To the Grantee: <br /> Carl and Eve Shy Orange County DEAPR <br /> 6626 Bradshaw Quarry Road PO Box 8181 <br /> Efland,NC 27243 Hillsborough,NC 27278 <br /> Ann Shy, <br /> 1111 Castell Lane <br /> Efland,NC 27243 <br /> - 11 - <br />
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