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Agenda 12-14-21; 8-e - Approval of Trail Easement – Edward Johnson Property
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Agenda 12-14-21; 8-e - Approval of Trail Easement – Edward Johnson Property
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12/9/2021 2:39:17 PM
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BOCC
Date
12/14/2021
Meeting Type
Business
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Agenda
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8-e
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Minutes 12-14-2021 Virtual Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2021
OTHER-2021-065 Deed of Trail Easement
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Path:
\Board of County Commissioners\Various Documents\2020 - 2029\2021
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15 <br /> 8.4. Procedure in the Event of Termination of Easement. If the North Carolina Mountains-to- <br /> Sea Trail is not routed through the Trail Area within four(4)years of the execution of this <br /> Easement and both Grantor and Grantee agree, this Easement may be terminated. <br /> If it is determined that conditions on or surrounding the Trail Area have changed so much <br /> that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction <br /> may, at the joint request of both the Grantor and Grantee, terminate this Easement. <br /> If condemnation of a part of the Trail Area or of the entire Property by public authority <br /> renders it impossible to fulfill any of these conservation purposes, the Easement may be <br /> terminated through condemnation proceedings. <br /> 8.5. Interpretation. This Easement shall be interpreted under the laws of the State of North <br /> Carolina, resolving any ambiguities and questions of the validity of specific provisions so as to <br /> give maximum effect to its conservation purposes. <br /> 8.6. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude <br /> running with the land in perpetuity. Every provision of this Deed of Trail Easement that applies <br /> to the Grantor or the Grantee shall also apply to their respective agents, heirs, executors, <br /> administrators, assigns, and all other successors as their interests may appear. Invalidity of any <br /> of the covenants,terms or conditions of this Easement, or any part thereof by court order or <br /> judgment shall in no way affect the validity of any of the other provisions hereof, which shall <br /> remain in full force and effect. <br /> 8.7. Subsequent Liens on the Trail Area. No provision of this Easement should be construed <br /> as impairing the ability of Grantor to use the Trail Area as collateral for subsequent borrowing. <br /> Any such liens shall be and remain subordinate to this Easement. <br /> 8.8. Subsequent Easements/Restrictions on the Trail Area. The grant of any easement or use <br /> restriction that might diminish or impair the Conservation Values of the Trail Area is prohibited. <br /> Any such easement or restriction shall be subordinated to this Easement. <br /> 8.9. Notices. Any notices required by this Easement shall be in writing and shall be <br /> personally delivered or sent by first class mail to Grantor or Grantee respectively, at the <br /> following address,unless a parry has been notified in writing by the other of a change of address. <br /> To the Grantor: To the Grantee: <br /> Edward S. Johnson Orange County DEAPR <br /> 6000 Buckhorn Road PO Box 8181 <br /> Hillsborough,NC 27278 Hillsborough,NC 27278 <br /> 8.10. Entire Agreement. This instrument sets forth the entire agreement of the Parties with <br /> respect to the Easement and supersedes all prior discussions, negotiations,understandings or <br /> agreements relating to the Easement. If any provision is found to be invalid, the remainder of the <br /> - 11 - <br />
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