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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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BOCC
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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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7 <br /> herein, Grantors hereby voluntarily grant and convey to Grantee, its successors or assigns, and <br /> Grantee, its successors or assigns, hereby voluntarily accepts, forever and in perpetuity an <br /> Easement on the Property, which Easement is an immediately vested interest in real property of <br /> the nature and character described herein, and a right-of-way over, under, and across the Trail <br /> Area. Grantor promises that they will not perform, nor knowingly allow others to perform, any <br /> act on or affecting the Trail Area that is inconsistent with the covenants contained herein. <br /> Grantors authorize Grantee to enforce these covenants in the manner described below. <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 /> Grantors intend 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 Grantors as provided herein, and against Grantors' representatives, successors, assigns, <br /> leases, agents and licensees. <br /> 1.3. Compliance with other Regulatory Requirements. Both Parties are 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 IL RESERVED RIGHTS OF GRANTORS <br /> Subject to the terms, conditions and restrictions contained herein, Grantors reserve for <br /> itself and its successors and assigns the following rights: <br /> 2.1. Quiet Enjoyment. All rights accruing from Grantors' 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 Amenities and is not otherwise prohibited by the terms <br /> 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, Grantors retain 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 /> -3- <br />
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