Orange County NC Website
the nature and character described herein, and a right- of--way over, under, and across the Trail <br /> will not perform, nor knowingly allow others to perform, any <br /> Area. Grantor promises that they <br /> act on or affecting the Trail Area that is inconsistent with the covenants contained herein . <br /> Grantor authorizes Grantee to enforce these covenants in the manner described below. <br /> ARTICLE I. GENERAL <br /> 1 . 1 . Statement of Purpose . The purposes of this Easement are to prevent any use of the Trail <br /> Area that w* 11 significantly impair or interfere with the Conservation Values and to allow for the <br /> inclusion of the Trail Area in the North Carolina Mountain-to - Sea Trail so that the Trail Area <br /> activities b the general <br /> educational, scientific and low-im act recreationalv <br /> may be used forpy g <br /> public pursuant to a general management plan that is consistent with the Conservation Values . <br /> Grantor intends 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 /> 4 . 2 . Perpetual Duration . This Easement over the Trail Area as further described in Exhibit A, <br /> shall be perpetual . It is an easement in gross , runs with the land, and is enforceable by Grantee <br /> against Grantor as provided herein, and against Grantor ' s representatives , successors , assigns , <br /> leases , agents and licensees . <br /> 1 . 3 . Compliance with other Regulatory Requirements . The Grantor is 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 GRANTOR <br /> Subject to the terms , conditions and restrictions contained herein, Grantor reserves for <br /> itself and its successors and assigns the following rights . <br /> 2 . 1 . Quiet Enjoyment . All rights accruing from Grantor ' s 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 is not otherwise prohibited by the terms of this Easement . <br /> 2 . 2 . Educational and Recreational Uses . Utilization of the Trail Area for scientific, <br /> educational and low4rapact recreational activities to the same extent the Trail Area is utilized by <br /> Grantee for such purposes , specifically, Grantor retains 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 /> 2 . 3 . Driveway Use . Utilization of the "driveway" identified on the plat of survey recorded in <br /> Orange County Registry, for purposes of ingress and egress to Buckhorn Road . <br /> - 3 - <br />