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OTHER-2021-055-Deed of Trail Easement
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OTHER-2021-055-Deed of Trail Easement
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Last modified
11/17/2021 11:10:24 AM
Creation date
11/17/2021 11:08:32 AM
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BOCC
Date
11/16/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-d
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Agenda - 11-16-2021 Virtual Business Meeting
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2021
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k <br /> t <br /> FF <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 /> ill not perform, nor knowingly allow others to perform, any <br /> Area . Grantor promises that they w <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 /> r <br /> ARTICLE I. GENERAL <br /> t <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 MountainAo - 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, c: <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 II . RESERVED RIGHTS OF GRANTORS <br /> I <br /> Subject to the terms , conditions and restrictions contained herein, Grantors reserve for <br /> itself and its successors and assigns the following rights : j: <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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