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OTHER-2021-065 Deed of Trail Easement
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OTHER-2021-065 Deed of Trail Easement
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Last modified
12/21/2021 10:53:20 AM
Creation date
12/21/2021 10:51:17 AM
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BOCC
Date
12/14/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-c
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Agenda 12-14-21; 8-e - Approval of Trail Easement – Edward Johnson Property
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 12-14-2021 Virtual Business Meeting
Agenda for December 14, 2021 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 12-14-2021 Virtual Business Meeting
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8 . 4 . Procedure in the Event of Termination of Easement . If the North Carolina MountainsAo . <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 /> il Area or of the entire Property by public authority <br /> If condemnation of a part of the Tra <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 /> q <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 /> first class mail to Grantor or Grantee respectively, at the <br /> personally delivered or sent by <br /> following address , unless a party 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 /> the remainder of the <br /> agreements relating to the Easement . If any provision is found to be invalid, <br /> - 11 - <br />
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