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OTHER-2022-012-Deed of Trail Easement
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OTHER-2022-012-Deed of Trail Easement
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Last modified
4/2/2024 10:08:48 AM
Creation date
4/2/2024 10:06:25 AM
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BOCC
Date
2/1/2022
Meeting Type
Business
Document Type
Others
Agenda Item
6-a
Document Relationships
Agenda 02-01-22; 12-1 - January 18, 2022 BOCC Meeting Follow-up Actions List
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 12-2 - Information Item - Tax Collector’s Report - Numerical Analysis
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 12-3 - Information Item - Tax Assessor's Report - Releases Refunds under $100
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 12-4 - Information Item - Memorandum - Fourth Quarterly Report (2021 Q4) and 2021 Annual Report for Orange County’s CDBG-CV Grant
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 4-a - Presentation of Annual Comprehensive Financial Report for FYE 6-30-2021
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 7-a - Orange County Crisis-Diversion Facility – Updated Progress Report by the Orange County Behavioral Health Task Force and Special Recognition of Tony Marimpietri
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 7-b - Regulation of Large Gatherings
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-a - Minutes
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-b - Refund of Overpayment of Excise Tax
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-c - Property Tax Releases Refunds
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-d - Applications for Property Tax Exemption Exclusion
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-e - Request for Road Additions to the State Maintained Secondary Road System for Folsom Court and Weldon Ridge Drive in the Weldon Ridge Subdivision
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-f - Construction Contract for High Rock Road Waste and Recycling Center Renovation
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda 02-01-22; 8-g - Fiscal Year 2021-22 Budget Amendment #7
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
Agenda for February 1, 2022 BOCC Meeting
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Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 02-01-2022 Virtual Business Meeting
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I . The Parties acknowledge and agree that as a component of the North Carolina Mountains - <br /> to - Sea Trail , the Trail Area, in accordance with Chapter 143B , of the North Carolina General <br /> Statutes , shall be subject to a general management plan devised by the North Carolina Department <br /> Natural and Cultural Resources ("NCDNCR") . <br /> I <br /> I <br /> ' NOW , THEREFORE , for the reasons given and other good and valuable consideration and <br /> in Onsideration of their mutual covenants , terms , conditions and restrictions contained herein, <br /> Graer hereby voluntarily grants and conveys to Grantee , its successors or assigns , and Grantee , <br /> its succe Aors or assigns , hereby voluntarily accepts , forever and in perpetuity an Easement on the <br /> Propert�hich Easement is an immediately vested interest in real property of the nature and <br /> characte scribed herein, and a right- of-way over, under, and across the Trail Area . Grantor <br /> promises t they will not perform, nor knowingly allow others to perform, any act on or affecting I' <br /> the Trail Arc at is inconsistent with the covenants contained herein . Grantor authorizes Grantee <br /> to e f rce thet� ovenants in the manner described below. <br /> no � <br /> ARTICLE I . GENERAL <br /> l . l . Statement of Purpose . The purposes of this Easement are to prevent any use of the Trail <br /> Area that will significan y impair or interfere with the Conservation Values and to allow for the <br /> inclusion of the Trail A in the North Carolina Mountain4o - Sea Trail so that the Trail Area <br /> may be used for educatioAa scientific and low-impact recreational activities by the general (. <br /> public pursuant to a genera xnagement plan that is consistent with the Conservation Values . <br /> Grantor intends that this Ease, 1wit will restrict the use of the Trail Area to such activities as are <br /> consistent with these purposes \Zrantee agrees that this Easement shall be held exclusively for <br /> the purposes set forth herein ands specified in Section 170 (h) (4) (A) ( or any successor section) <br /> of the Code and shall be construed;�o promote the purposes of the Act . <br /> 1 . 2 . Perpetual Duration . This Easement over the Trail Area as further described in Exhibit A, <br /> shall be perpetual . It is an easement in VIss , runs with the land, and is enforceable by Grantee <br /> against Grantor as provided herein, and inst Grantor ' s representatives , successors , assigns , <br /> leases, agents and licensees . <br /> 1 . 3 , Compliance with other Regulatory Red ' rements . The Grantor is responsible for <br /> complying with any and all additional permits regulation to use or develop the Trail Area, <br /> excluding the development of the Trail , under th s of this Easement, including Orange <br /> County , State of North Carolina or Federal require nts , regardless of any reserved rights or <br /> permissions contained in this Easement document , <br /> ARTICLE II, RESERVED RIGHT OF GRANTOR <br /> O <br /> Subject to the terms , conditions and restrictions contaiii d 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 fQe wnership of the Trail Area, <br /> all uses of the Trail Area including the right to engage in or permit or invite others to enga <br /> - 3 - <br /> 0 <br /> c� <br />
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