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5 . 3 . Public Benefit . This easement is given for public outdoor recreation and education and is <br /> for the substantial and regular use of the general public or the community . This Easement <br /> provides if public benefit as defined in § 1 . 170A- 14 (d) (2) (1) of the Regulations . Public <br /> policies and programs that illustrate and support the significant public benefit of this Easement <br /> include : <br /> (a) The 2030 Orange County Comprehensive Parks and Recreation Master Plan, which <br /> recommends the development of a master plan for the Orange County segment of the <br /> Statewide Mountains -to - Sea Trail as well as linking to the priorities set forth in the l <br /> existing North Carolina State Trails Program; and <br /> (b) The Orange County Board of Commissioners ' goal (adopted June 21 , 1999) to <br /> identify and coordinate the preservation of the County ' s most significant natural <br /> areas ; and <br /> (c) The Land Use Element of the Orange County Comprehensive Plan (adopted <br /> November 18 , 2008) with its goal of "Land uses that are appropriate to on- site <br /> environmental conditions and features , and that protect natural resources , cultural <br /> resources , and community character; " and <br /> (d) The Orange County Lands Legacy Action Plan, which was adopted by the Orange <br /> County Board of Commissioners on December 12 , 2017 , and which sets an objective <br /> to acquire key parcels needed for a public pedestrian trail and wildlife corridor that <br /> would connect Hillsborough Riverwalk to the Haw River for the planned North <br /> Carolina MountainsAo - Sea Trail ; and <br /> (e) N . C . G. S . § 113 - 34 . 1 authorizing the Department of Environment and Natural <br /> Resources to develop and maintain the North Carolina Mountains -to - Sea Trail, of <br /> which this easement will be a part . <br /> 5 . 4 . Mineral Interests . No Person has retained a qualified mineral interest in the Trail Area of <br /> a nature that would disqualify the Easement for purposes of § 1 . 170A44 (g) (4) of the <br /> Regulations . <br /> h <br /> ;v <br /> 5 . 5 . Notice Required Under Regulations . To the extent required for compliance with <br /> § 1 . 170A- 13 (g) (4) (ii) of the Regulations , Grantor agrees to notify Grantee before exercising any <br /> reserved right that may have an adverse impact on the conservation interests or public <br /> recreational purposes associated with the Trail Area , <br /> 5 . 6 . Trail Area Right. In accordance with § 1 . 170A- 14 (g) (6) of the Regulations , the <br /> undersigned Grantor agrees that the Easement granted under this agreement gives rise to a <br /> property right, immediately vested in the Grantee, that entitles the Grantee to compensation upon <br /> extinguishment of the easement . The fair market value of the property right is to be determined <br /> in accordance with the Regulations ; i . e . , it is at least equal to the proportionate value that this <br /> easement as of the Easement Date bears to the value of the Property as a whole as of the <br /> Easement Date . Grantee must use any funds received by application of this provision in a manner <br /> consistent with the recreational and. conservation purposes of this Easement . <br /> 5 . 7 . Qualification Under § 2031 (C) of the Code . To the extent required to qualify for <br /> exemption from federal estate tax under § 2031 (c) of the Code, and only to the extent such <br />