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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
Document Relationships
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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r' <br /> f <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 /> MountainsAo - 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 MountainsAo - 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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