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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
Meeting Type
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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9 <br /> ARTICLE IV. PROHIBITED AND RESTRICTED ACTIVITIES <br /> Any activity on, or use of, the Trail Area inconsistent with the purposes of this Easement <br /> is prohibited. Other than as provided herein, the Trail Area shall be maintained in its natural, <br /> scenic, wooded and open condition and restricted from any use that would impair or interfere <br /> with the Conservation Values or the purposes of this Easement. Except for those rights <br /> specifically reserved to Grantors in Article II and without limiting the generality of the <br /> foregoing, the following activities and uses are expressly prohibited or restricted as indicated: <br /> 4.1. Trail Area Use. Access to the Trail Area by the general public is subject to the following <br /> limitations: <br /> (a) The Trail may be used only for walking, nature study, and the like. <br /> (b) Use is limited to the hours between dawn and dusk. <br /> (c) Smoking or lighting of fires is prohibited. <br /> (d) Consumption of alcoholic beverages is prohibited. <br /> (e) Trapping or hunting is prohibited. <br /> 4.2. Mechanized Vehicles. There shall be no use of motorized or mechanized vehicles on the <br /> Trail Area except within the Parking Area Improvements as described herein in Section 3.2 and <br /> as necessary for the construction, maintenance, operation and management of the North Carolina <br /> Mountains-to-Sea Trail. Bicycles are considered to be mechanized vehicles for the purposes of <br /> this Easement. <br /> 4.3. Industrial or Commercial Use: Industrial and commercial activities are prohibited in the <br /> Trail Area. <br /> 4.4. Residential Use, Structures, and Signs. There shall be no residential use of the Trail <br /> Area. There shall be no constructing or placing of any building, mobile home, billboard or other <br /> advertising display, antenna, utility pole, tower, conduit line, or any other temporary or <br /> permanent structure or facility on or above the Trail Area except for the following: underground <br /> utilities such as water, sewer, electric, fiber optic cable or other communication and internet <br /> providing lines, bathroom facility, placement and display of no trespassing signs, local, state or <br /> federal traffic or similar informational signs, boundary fencing, signs identifying the <br /> Conservation Values of the Trail Area, and/or signs identifying Grantors as owner of the <br /> Property and Grantee as holder of this Easement, signs identifying the Trail Area as a part of the <br /> North Carolina Mountains-to-Sea Trail, signs giving directions or prescribing rules and <br /> regulations for the use of the Trail Area, educational and interpretative signs, identification labels <br /> or any other similar temporary or permanent signs. <br /> 4.5. Agricultural, Timber Harvesting, Grazing and Horticultural Use. Agricultural, timber <br /> harvesting, grazing, horticultural and animal husbandry operations are prohibited; provided that <br /> this provision shall not prohibit plantings for wildlife habitat or wildlife management. <br /> -5- <br />
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