HomeMy WebLinkAbout2017-602 DEAPR - Brumley Forest Trail Easement This instrument prepared by and return to: John L.Roberts, Office of the Orange County Attorney
Box 8181,Hillsborough,NC 27278
NORTH CAROLINA
COUNTY OF ORANGE PIN 9883722214
DEED OF PUBLIC TRAIL EASEMENT
BRUMLEY FOREST NATURE PRESERVE
This Deed of Public Trail Easement (hereinafter "Easement") is made on this day of j
, 2017 by TRIANGLE LAND CONSERVANCY a North Carolina Nonprofit
Corporation, having an address of 514 S. Duke Street, Durham,NC 27701 (hereinafter
"Grantor") and ORANGE COUNTY,NORTH CAROLINA, having an address of Post Office
Box 8181, Hillsborough,NC 27278 (hereinafter "Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter
pronouns as required by context.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property located in Eno and
Chapel Hill townships, Orange County,North Carolina, and described on Exhibit A attached
hereto, which is incorporated herein by reference. The tract of land described on Exhibit A
comprises approximately 613 acres, and is hereinafter referred to as "the Property." A map of the
Property is shown on Exhibit C, attached hereto and incorporated herein.
There are no easements, rights of way or other encumbrances except for(i) the rights of
way to Duke Power Co., as recorded in Book 187, Page 206; Book 121, Page 365; Book 130,
Page 417; Book 310, Page 107; and in Book 183, Page 636, Orange County Registry, (ii)
Conservation Easement entered into on the 28th day of May, 2010 with the Clean Water
Management Trust Fund, which such easement is recorded in Book 4952 Page 478, Orange
County Registry, and as shown on Plat Book 107, Pages 42-43, Orange County Registry, (iii) a
Conservation Easement to Orange County recorded in Book 1575, Page 555, Orange County
Registry, and as shown on Plat Book 77, Page 191, Orange County Registry, and (iv) a
Page 1 of 8
Conservation Easement entered into on the 21st day of September, 2011 with The Association for
the Preservation of the Eno River Valley, Inc., which such easement is recorded in Book 5224,
Page 391, Orange County Registry.
B. Grantee is a body politic and corporate, a political subdivision of the State of
North Carolina, with powers prescribed in Chapter 153A of the North Carolina General Statutes.
C. Grantor is willing to grant a 25-foot-wide easement and trail right-of-way
(hereinafter the `Basement Area") as described in Exhibit B and on which Grantee may construct
a pedestrian trail (hereinafter,the "Trail") for pedestrian ingress and egress over, and through the
Property described in Exhibit A.
D. Grantor and Grantee recognize the value of the Property in its present state, and
have, by the conveyance of an Easement to the Grantee,promoted the common purpose of
preserving the natural values and character of the Property, and preventing use or development in
any manner that would conflict with the maintenance of the Property in its scenic and natural
condition, and the Grantor is willing to make the Trail available to the public for recreational
purposes.
E. Grantor and Grantee also recognize that the Easement will also serve the
following clearly delineated governmental policies and objectives:
(1)the Orange County Board of Commissioners' goal (adopted June 21, 1999) to
identify and coordinate the preservation of the County's most significant natural areas; and
(2) the Land Use Element of the Orange County Comprehensive Plan
(adopted November 18, 2008) with its goal of"Land uses that are appropriate to on-site
environmental conditions and features, and that protect natural resources, cultural
resources, and community character;" and
(3) the Stoney [sic] Creek Small Area Plan (adopted 2006)with its goal of
conserving the Stony Creek corridor as a wildlife corridor surrounded by lower intensity
land uses; and
(4)the Orange County portion of the North Carolina Mountains-to-Sea Trail
corridor plan (adopted April 10, 2010), which identifies a spur trail through this property; and
(5) the protection of similar Orange County properties designed to protect
conservation and open space values through trail easements and conservation easements granted
to the Grantee and others in the immediate vicinity of the Property; and
(6)NCGS § 139-2 et seq., which provides that"it is hereby declared ...that the
farm, forest and grazing lands of the State of North Carolina are among the basic assets of the
State and the preservation of these lands is necessary to protect and promote the health, safety
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and general welfare of its people... it is hereby declared to be the policy of the legislature to
provide for the conservation of the soil and resources of this State."
NOW, THEREFORE, Grantor, for and consideration of the facts recited above and of the
mutual covenants,terms, conditions and restrictions contained herein, hereby give, grant and
convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of
the people of Orange County, a Public Trail Easement over the Property of the nature and
character as follows:
1. EASEMENT AREA USES. Any activity on, or use of the Easement Area
inconsistent with the purposes of this Easement is prohibited. The Easement Area shall be
maintained in its natural, scenic and open condition and restricted from any development that
would significantly impair or interfere with the conservation values of the Easement Area.
Without limiting the generality of the foregoing, the following is a listing of activities and uses
that are expressly allowed or are expressly prohibited. Grantor and Grantee have determined that
the allowed activities do not impair the conservation values of the Property and are expressly the
right of only the Grantor and Grantee.
1.1 Construction. Grantor and Grantee shall have the right, but not the
obligation,to construct and maintain a pedestrian trail (the Trail) within the Easement Area
described in Exhibit B and identified on Exhibit D. The Trail shall be no more than 10 feet wide
and shall be sited so as to cause minimal disturbance to the conservation values of the Property.
No other structures may be placed or constructed on the Easement except as provided in
Paragraphs 1.2 and 1.3.
1.2 Improvements. Grantors shall have the right to maintain, remodel,
construct and repair fences, roads, gates, water tanks, water wells, and utilities, and in the event
of their destruction, to reconstruct such improvements, so long as authorized by Orange County
zoning regulations and consistent with permits required by and issued by Orange County under
its laws and ordinances for such reconstruction.
1.3 Signage. Grantor and Grantee shall have the right, but not the obligation,
to construct and maintain signs to give direction,to advertise or regulate permitted uses on the
Easement Area, and to prescribe rules and regulations for recreational use of the Easement Area.
2. GRANTEE RIGHTS. To accomplish the purpose of this Easement,the
following rights and responsibilities are granted to the Grantee by the terms of this Easement.
2.1 Provide the general public free access to and use of the Trail, subject to
the rules and regulations of the Grantor and Grantee, and for the sole purposes limited to the
following: walking,jogging, nature study, and for the general enjoyment of the natural resources
and scenic beauty of the Trail;
2.2 Post any necessary rule, safety and security signs and notices on the Trail
reasonably necessary to put the public on notice of such restrictions.
Page 3 of 8
2.3 Notify the Grantor of any changes to the Trail, approved improvements or
other modifications that would have the potential to change or alter the nature of the Trail or
conditions in or on or around the Trail.
2.4 Have access to the Trail to carry out the terms of this Easement including,
security, emergency response, and educational programs. Access to the trail by motor vehicle is
prohibited except for purposes of security, emergency response, and maintenance.
2.5 Manage and control or eradicate exotic non-native species or invasive
species or plants and animals that threaten the conservation values of the Property.
3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the
following additional rights:
3.1 Existing uses. The right to undertake or continue any activity or use of the
Easement Area not prohibited by this Easement. Prior to making any change in use of the
Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable
opportunity to determine whether such change would violate the teims of this Easement.
3.2 Transfer. The right to sell, give, mortgage, lease or otherwise convey the
Easement Area subject to the terms of this Easement. The Grantor shall notify the Grantee in
writing at least thirty (30) days prior to the transfer of the Easement Area, and the document of
conveyance shall expressly refer to this Easement agreement.
3.3 Notwithstanding anything herein to the contrary, the parties acknowledge
and agree that nothing in this conveyance of this Easement to the Grantee shall in any manner
inhibit or restrict the Easement Area to convey,through fee or easement, a corridor across the
Easement Area for construction of a roadway, including, without limitations, any associated
bicycle and pedestrian facilities. Grantor shall be entitled to change the alignment or location of
the Trail and the Easement granted herein to an alternative location reasonably selected by the
Grantor in the event that such a roadway is selected and developed across the Easement Area
3.4 Grantor retains all responsibilities and shall bear all costs and liability of
any kind related to the ownership, operation, upkeep and maintenance of the Trail, including
maintenance of adequate comprehensive general liability insurance coverage and any associated
Trail amenities such as signs, boardwalks, bridges and any other Trail improvements that will
allow for public enjoyment and understanding of the natural features of the Trail without
impairing or interfering with the conservation values of the Trail.
3.5 All improvements allowed by this Easement by the Grantee will be subject
to the review and approval by the Grantor. Grantor also has the right to enter upon the Trail for
the quiet and peaceable enjoyment of the Trail and to inspect and review the management and
improvements of the Trail as permitted by this easement by the Grantee.
Page 4 of 8
4. RESPONSIBILITIES OF GRANTOR NOT AFFECTED. Other than as
specified herein, this Easement is not intended to impose any legal or other responsibility of the
Grantor, or in any way to affect any existing obligations of the Grantor as the legal owner of the
property. Notwithstanding any of the foregoing, while Grantor agrees to take no action
inconsistent with its agreement herein, it shall be the Grantee's responsibility to monitor and
police the use of the Easement by Grantee, its invitees and the general public.
5. LIABILITY AND INDEMNITY. Grantor agrees to indemnify and hold
Grantee harmless from any and all costs, claims or liability, including but not limited to a
reasonable attorney's fees arising from (i) personal or bodily injury and loss of or damage to the
Trail or Property or any economic loss that has in any such case and in any way whatsoever been
caused by or arising out of the exercise of the right to use the Trail for recreational and/or other
purposes; and(ii) any violation of any federal, state or local environmental or land use law or
regulation or the use of or presence of hazardous substances, waste or other regulated materials
in, or on or under the Trail or the Property; provided,however, that if such costs, claims or
liability are due in whole or in part to the negligence of Grantee or its agents, contractors or
employee, liability shall be apportioned accordingly.
Grantor agrees to maintain liability insurance covering the Property with limits as
follows: (i) $500,000 per occurrence, $1,000,000 Aggregate Comprehensive General Liability
and Property Damage Insurance, and (ii) $500,000 per occurrence, $1,000,000 Aggregate for
personal injury. Additionally, Grantor warrants that Grantee is and will remain a named insured
on Grantor's insurance policies for the Property. Grantor shall provide Grantee with a certificate
of insurance coverage on the effective date of this Easement and within 10 days of each
insurance renewal date.
Grantor shall indemnify and hold harmless the Grantee, its officers, employees,
agents and assigns for any all liabilities, claims, demands, losses, expenses, damages, fines, fees,
penalties, suits,proceedings, actions and costs of actions, sanctions asserted by or on behalf of
any person or governmental authority, and other liabilities (whether legal or equitable in nature,
including without limitation, court costs, and reasonable attorneys' fees)to which Grantee may
be subject to or incur due to the use of the Trail or Grantor's negligent acts or omissions or
Grantor's breach of any representation, warranty, covenant, agreements contained in this
Easement, or violations of any Federal, State or local laws including all Environmental Laws.
6. AMENDMENT OF EASEMENT. This Easement may be amended only with
the written consent of Grantor and Grantee. Any such amendment shall be consistent with the
purposes of this Easement. The Grantor and Grantee have no right or power to agree to any
amendment that would affect the enforceability of this Easement.
7. TERMINATION OF EASEMENT. If it is determined that conditions on or
surrounding the Trail have changed so much that it is impossible to fulfill the terms of this
easement set forth above this agreement can be terminated at the joint mutual consent of the
Grantor and Grantee.
Page 5 of 8
8. NOTICES. Any notices required by this Easement shall be in writing and shall
be personally delivered or sent by first class mail, to Grantor and Grantee, respectively, at the
following addresses, unless a party has been notified by the other of a change of address.
To the Grantor: To the Grantee:
Triangle Land Conservancy Orange County Dept. of Environment,
514 S. Duke Street Agriculture, Parks and Recreation
Durham,NC 27701 P.O. Box 8181
Hillsborough,NC 27278
9. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the
Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby
accepts without reservation the rights and responsibilities conveyed by this Easement. This
Easement is to be effective the date recorded in the Orange County Registry of Deeds.
TO HAVE AND TO HOLD, this Grant of Public Trail Easement unto the said Grantee
its successors and assigns, forever.
Page 6 of 8
IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
GRANTOR:
Triangle Land Conservancy,
a North Carolina non-profit corporation
By:
Sandy Sweitzer, Executive Director
Accepted:
GRANTEE:
ORANGE OUNTY, NORTH CAROLINA
By
dAgllr&
Mark Doros.7c
Orange County Board of Commissioners
ATTEST:
/ f ,
Donna S. Baker, Clerk to the
Board of Commissioners
Page 7 of 8
Acknowledgments
NORTH CAROLINA
COUNTY OF
1, � Gale . I it, i `''°„a Notary Public in and for said County and State do
hereby certify that d , , . i personally appeared before me this day and duly-
acknowledged the execution of the foregone Easement.
i
Witness my hand and official stamp or sea is the g day of . � -r , 2017.
;psi,0olmuti ih1 '
; 'k� rti `,
i.••NCTPJ' •\ ye.. `'-ate`°' otary P .lie
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s a,rlr z s f 4-A
'..•... (Notary's printed or typed name)
My com '. ' . -
Holiwoo
- I I-fib;
NORTH CAROLINA
COUNTY OF ORANGE
I, I 10 4 01V1/1_,/ , a Notary Public of the County and State aforesaid,
certify that Donna S. Baker personally came before me this day and acknowledged that she is
Clerk to the Board of Commissioners for Orange County,North Carolina and that by authority
duly given and as the act of said County, the foregoing instrument was signed in its name by the
Chair of said Board of Commissioners and attested by her as Clerk to said Board of
Commissioners.
iit
hand and official stamp or seal this the ay of��'-` � , 2017.
(44010( s.il
owl& )t#,,,..... ., ,....r
r : Notary Public
,./ 1 6_ .,
101111N1..1...N..'
(Notary's printed or typed name)
My commission expires:
Page 8 of 8
EXHIBIT A
Property Description—Brumley Forest Nature Preserve
BEING all of the property containing 613.29 acres shown on the map entitled "Conservation Easement
Survey for the Clean Water Management Trust Fund and Triangle Land Conservancy" prepared by
Freehold Land Surveys, Inc., as recorded in Plat Book 107, Pages 42-43, Orange County Registry.
BEING all of the properties with the following PINs:
9883-72-2214
9883-50-5347
9883-60-5789
9882-29-1055
9882-28-2545
9882-46-9994
9882-56-9784
9882-66-8801
9883-30-4125
9882-38-7512
9882-57-8437
ii
ii
EXHIBIT B
DESCRIPTION OF TRAIL EASEMENT AREA
BEGINNING at a point on New Hope Church Road at the western end of line B6 of the
Conservation Easement Survey for the North Carolina Clean Water Management Trust Fund and
the Triangle Land Conservancy recorded in Plat Book 107, Page 42 of the Orange County
Registry, continuing thence in a north easterly direction to a point at the western end of line B17
of said survey, thence continuing north easterly to a point at the eastern end of line B25 of said
survey,thence continuing to a point at the southern end of line B49 of said survey, thence
continuing northerly to a point at the eastern end of line B66 of said survey, thence continuing to
an unmarked point on Old NC 10 at the eastern end of curve BC4 of said survey,thence across
Old NC 10 (State Road 1710) and on the gravel drive described on said survey to a point on the
western end of line B271 of said survey, thence to an unmarked point at the midpoint of line
B273 of said survey, thence with said gravel drive across Stony Creek to a point on the eastern
end of line B247 of said survey , thence north easterly to a point at the western end of line B240
of said survey,thence easterly to a point at the eastern end of line B235 of said survey,thence
southerly to a point at the southern end of line B231 of said survey.
ii
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