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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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activity is not otherwise prohibited or limited under this Easement, Grantors agree that <br /> commercial recreational uses are not permitted within the Trail Area. <br /> i <br /> ARTICLE VI . ONGOING RESPONSIBILITY OF GRANTORS AND GRANTEE <br /> This Easement is not intended in any way to affect any existing obligation of the Grantors as I <br /> owner of the Property . Among other things , this shall apply to : <br /> r <br /> 6 . 1 . Taxes . Grantors shall continue to be solely responsible for payment of all taxes and <br /> assessments levied against the Property . If Grantee is ever required to pay any taxes or <br /> assessments on their interest in the Property, Grantors shall upon demand reimburse Grantee for <br /> the same . <br /> 6 . 2 . Upkeep and Maintenance . Trail Area shall be maintained so as to not interfere with the <br /> intended use of the trail and amenities . <br /> i <br /> a . Grantors shall continue to be solely responsible for the upkeep and maintenance of <br /> the Trail Area apart from the trail and amenities . Grantee shall have no obligation for <br /> the upkeep or maintenance of the Trail Area, except as described herein . <br /> b . Grantee shall be solely responsible for construction, upkeep , and maintenance of the <br /> I <br /> Trail and Amenities , except as described herein . Grantee shall make periodic <br /> inspections to ensure the upkeep and maintenance of the Trail and Amenities . Upon <br /> notice from Grantors of any upkeep or maintenance issue, Grantee shall make <br /> additional inspection and plan of remediation . Such plan of remediation shall occur <br /> within one year of notice . <br /> 6 . 3 . Transfer of Trail Area . Grantors agree to incorporate by reference the terms of this <br /> Easement in any deed or other legal instrument by which they transfer or divest themselves of <br /> any interest, including leasehold interests , in the Trail Area . Grantors shall notify Grantee in <br /> writing at least thirty (30 ) days before conveying the Trail Area, or any interest therein . Failure <br /> of Grantors to do so shall not impair the validity of the Easement or limit its enforceability in any <br /> way . <br /> 6 . 4 . Transfer of Easement . Grantee shall have the right to transfer this Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer, is a qualified organization <br /> under 26 U . S . C . Section 170 (h) of the Internal Revenue Code , as amended and under NGS 121 - <br /> 34 et seq . , provided the agency or organization expressly agrees to assume the responsibility <br /> imposed on Grantee by this Easement . As a condition of such transfer, Grantee shall require that <br /> the conservation purposes intended to be advanced hereunder shall be continued to be carried <br /> out . If Grantee ever cease to exist or no longer qualify under 26 U . S . C . Section 170 (h) of the <br /> Internal Revenue Code , or applicable state law, a court with jurisdiction shall transfer this <br /> Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Easement . <br /> - 8 - <br />
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