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l� <br /> Easement, and Recombination Survey Property of Friends of Moorefields , a NC Non-Profit <br /> Corp . prepared by Douglas R. Yarborough, Professional Land Surveyor, dated April 27 , 2022 , <br /> and recorded in Plat Book 2 at Page , Orange County Registry <br /> hereinafter, the "Property ") . <br /> Grantee is an entity qualified to accept, hold and manage land and easements under the <br /> N* Carolina Conservation and Historic Preservation Agreements Act, Chapter 121 , Article 4 of <br /> the North Carolina General Statutes (the "Act") , which authorizes and permits the creation and <br /> enforce nt of conservation easements for the purpose of, inter alia, retaining land areas <br /> predomItntly in their historic , agricultural, natural , scenic, open or wooded condition. <br /> C . Pup t to the Act, Grantor desires to grant a trail easement over a certain portion of the <br /> Property , co ' ting of 3 . 06 acres, more or less, is the subject of this Easement and is identified <br /> as "Easement ST Trail Easement" on the plat of survey recorded in Plat Book 127, Page <br /> Orange ty Registry , and described in Exhibit A attached hereto and incorporated <br /> herein by this re nce (hereinafter referred to as the "Trail Area" } within which a Trail maybe <br /> constructed, thereby restricting and limiting the use of the Trail Area to the terms , conditions and <br /> purposes hereinafter set forth, and Grantee is willing to accept such easement . <br /> D . The Trail Area restricted and limited in use in accordance with the terms and <br /> conditions of this easeme s well as the conservation easement recorded in BookW9 Page210 , <br /> including an Assignment to , State of North Carolina acting by and through the North Carolina <br /> Land and Water ("Fund ") rec�eWed in Book � , Page 229 in the Orange County Registry <br /> (hereinafter, "Moorefields NC Easement") . <br /> E . By restricting and limitint>the use of the Trail Area in accordance with the terms and <br /> conditions of this Easement, the P ;F As intend to preserve the natural features and resources of the <br /> Trail Area; IF the habitat of natI'c�e plants and animals ; sustain scenic values ; maintain water <br /> quality and utilize the Trail Area for "idc eucational , scientific and low-impact recreational <br /> pursuits (said purposes being hereinafter erred to as the " Conservation Values " ) . <br /> F . The Parties acknowledge and agre hat (1) the recording of this Easement shall be <br /> conclusive evidence of its acceptance of same' Grantee ; (ii) Grantee will be the "holder" (as that <br /> term is defined in the Act) of this Easement ail (iii) Grantee is a " qualified organization" and <br /> " eligible donee" within the meaning of Sectio 0 (h) (3 ) of the Internal Revenue Code (the <br /> " Code") and regulations promulgated thereunder . <br /> G . Grantee intends to include the Trail within the Trail Area ("Trail") as part of the North <br /> Carolina Mountains-to - Sea Trail and Grantor and Grae agree that such inclusion grants the <br /> Grantee, and its agents or representatives , the right to estab sh a trail for use by the general public <br /> within the Trail Area . O <br /> H . The undersigned Grantee acknowledges that Grantor h` s*onated the easement contained <br /> herein over the Trail Area in accordance with the provisions of icle V of this Easement . <br /> \<I � <br /> 0 <br /> c� <br />