HomeMy WebLinkAboutOTHER-2022-012-Deed of Trail Easement � illilll ill � �� IIII lIII
Doc No: 30100539
Recorded : 03/28/2024 03 :22 : 00 PM
Fee Amt: $30 . 00 Page 1 of 16
Excise Tax : $0 . 00
Orange County North Carolina
Q Mark Chilton , Register of Deeds
BK 6842 Po 268 - 273 ( 16 )
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This instru nt prepared by and return to : John L . Roberts , Office of the Orange County
Attorney
PO Box 8181 , Hillsborough, NC 27278
Christian Hirm , Land Conservation Manager
306A Revere Road, Hillsborough , NC 27278
EXCIIS &OM co
STATE OF NORTH C LINA c'
COUNTY OF ORANGE PIN ' s 00 ent) j`
5060 a ent) �
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DEE OF TRAIL EASEMENT
This Deed of Trail Easement ("Easemen is granted on this 'aday of , 2024 ,
by FRIENDS OF MOOREFIELDS, a Non -profit Corporation , having an address of
2201 MOOREFIELDS ROAD , HILLSBOR VGH , NC 27278 (referred to as " Grantor") , to
ORANGE COUNTY, NORTH CAROLINOhaving an address of Post Office Box 8181 ,
Hillsborough, NC 27278 , (referred to herein as grantee"), The Grantor and Grantee are
collectively referred to as " The Parties " .
The designation Grantor and Grantee as used herein shall include said parties , their heirs ,
successor and assigns , and shall include singular, plural , masculine , feminine or neuter as
required by context .
RECITALS
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A . Grantor is the sole owner in fee simple of certain real erty situated , lying , and being
in Orange County , North Carolina, being designated Tracts 0nei wo , and Four in that deed
recorded in Deed Book 6793 , Page 2187 , Orange County Regist rth Carolina and more
particularly shown as Parcel ` A ' on the plat of survey titled "Final Eempt Plat Boundary ,
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Easement, and Recombination Survey Property of Friends of Moorefields , a NC Non-Profit
Corp . prepared by Douglas R. Yarborough, Professional Land Surveyor, dated April 27 , 2022 ,
and recorded in Plat Book 2 at Page , Orange County Registry
hereinafter, the "Property ") .
Grantee is an entity qualified to accept, hold and manage land and easements under the
N* Carolina Conservation and Historic Preservation Agreements Act, Chapter 121 , Article 4 of
the North Carolina General Statutes (the "Act") , which authorizes and permits the creation and
enforce nt of conservation easements for the purpose of, inter alia, retaining land areas
predomItntly in their historic , agricultural, natural , scenic, open or wooded condition.
C . Pup t to the Act, Grantor desires to grant a trail easement over a certain portion of the
Property , co ' ting of 3 . 06 acres, more or less, is the subject of this Easement and is identified
as "Easement ST Trail Easement" on the plat of survey recorded in Plat Book 127, Page
Orange ty Registry , and described in Exhibit A attached hereto and incorporated
herein by this re nce (hereinafter referred to as the "Trail Area" } within which a Trail maybe
constructed, thereby restricting and limiting the use of the Trail Area to the terms , conditions and
purposes hereinafter set forth, and Grantee is willing to accept such easement .
D . The Trail Area restricted and limited in use in accordance with the terms and
conditions of this easeme s well as the conservation easement recorded in BookW9 Page210 ,
including an Assignment to , State of North Carolina acting by and through the North Carolina
Land and Water ("Fund ") rec�eWed in Book � , Page 229 in the Orange County Registry
(hereinafter, "Moorefields NC Easement") .
E . By restricting and limitint>the use of the Trail Area in accordance with the terms and
conditions of this Easement, the P ;F As intend to preserve the natural features and resources of the
Trail Area; IF the habitat of natI'c�e plants and animals ; sustain scenic values ; maintain water
quality and utilize the Trail Area for "idc eucational , scientific and low-impact recreational
pursuits (said purposes being hereinafter erred to as the " Conservation Values " ) .
F . The Parties acknowledge and agre hat (1) the recording of this Easement shall be
conclusive evidence of its acceptance of same' Grantee ; (ii) Grantee will be the "holder" (as that
term is defined in the Act) of this Easement ail (iii) Grantee is a " qualified organization" and
" eligible donee" within the meaning of Sectio 0 (h) (3 ) of the Internal Revenue Code (the
" Code") and regulations promulgated thereunder .
G . Grantee intends to include the Trail within the Trail Area ("Trail") as part of the North
Carolina Mountains-to - Sea Trail and Grantor and Grae agree that such inclusion grants the
Grantee, and its agents or representatives , the right to estab sh a trail for use by the general public
within the Trail Area . O
H . The undersigned Grantee acknowledges that Grantor h` s*onated the easement contained
herein over the Trail Area in accordance with the provisions of icle V of this Easement .
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I . The Parties acknowledge and agree that as a component of the North Carolina Mountains -
to - Sea Trail , the Trail Area, in accordance with Chapter 143B , of the North Carolina General
Statutes , shall be subject to a general management plan devised by the North Carolina Department
Natural and Cultural Resources ("NCDNCR") .
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' NOW , THEREFORE , for the reasons given and other good and valuable consideration and
in Onsideration of their mutual covenants , terms , conditions and restrictions contained herein,
Graer hereby voluntarily grants and conveys to Grantee , its successors or assigns , and Grantee ,
its succe Aors or assigns , hereby voluntarily accepts , forever and in perpetuity an Easement on the
Propert�hich Easement is an immediately vested interest in real property of the nature and
characte scribed herein, and a right- of-way over, under, and across the Trail Area . Grantor
promises t they will not perform, nor knowingly allow others to perform, any act on or affecting I'
the Trail Arc at is inconsistent with the covenants contained herein . Grantor authorizes Grantee
to e f rce thet� ovenants in the manner described below.
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ARTICLE I . GENERAL
l . l . Statement of Purpose . The purposes of this Easement are to prevent any use of the Trail
Area that will significan y impair or interfere with the Conservation Values and to allow for the
inclusion of the Trail A in the North Carolina Mountain4o - Sea Trail so that the Trail Area
may be used for educatioAa scientific and low-impact recreational activities by the general (.
public pursuant to a genera xnagement plan that is consistent with the Conservation Values .
Grantor intends that this Ease, 1wit will restrict the use of the Trail Area to such activities as are
consistent with these purposes \Zrantee agrees that this Easement shall be held exclusively for
the purposes set forth herein ands specified in Section 170 (h) (4) (A) ( or any successor section)
of the Code and shall be construed;�o promote the purposes of the Act .
1 . 2 . Perpetual Duration . This Easement over the Trail Area as further described in Exhibit A,
shall be perpetual . It is an easement in VIss , runs with the land, and is enforceable by Grantee
against Grantor as provided herein, and inst Grantor ' s representatives , successors , assigns ,
leases, agents and licensees .
1 . 3 , Compliance with other Regulatory Red ' rements . The Grantor is responsible for
complying with any and all additional permits regulation to use or develop the Trail Area,
excluding the development of the Trail , under th s of this Easement, including Orange
County , State of North Carolina or Federal require nts , regardless of any reserved rights or
permissions contained in this Easement document ,
ARTICLE II, RESERVED RIGHT OF GRANTOR
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Subject to the terms , conditions and restrictions contaiii d herein, Grantor reserves for
itself and its successors and assigns the following rights : `,
2 . 1 . Quiet Enjoyment . All rights accruing from Grantor ' s fQe wnership of the Trail Area,
all uses of the Trail Area including the right to engage in or permit or invite others to enga
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that are consistent with the Conservation Values , including any reasonable use of the Property that
will not interfere with the trail and is not otherwise prohibited by the terms of this Easement .
=. 2 . Educational and Recreational Uses . Utilization of the Trail Area for scientific ,
ucational and low-imp act recreational activities to the same extent the Trail Area is utilized by
tee for such purposes ; specifically, Grantor retains the right to engage in and permit others to
en in such activities that may include , without limitation, walking , hiking , plant and animal
obse ation and study .
2 . 3 . on Management . Grantor reserves the right to manage vegetation for
boundQV. ,Yemo
ng , fencing , signage , fire containment, disease control, invasive exotic plant
controlval of conditions that threaten life or property . Methods of vegetation
managemen y include, but are not limited to , selective cutting , prescribed burning,
application of bicides or pesticides . Grantor does not assume any responsibility or liability to
the general pub ' for failing to do so .
2 . 4 . Trail and Recreational Accessories . Grantee or Grantor, with Grantee ' s written
permission and subject to prior approval by Fund , may construct and maintain directional ,
boundary , and informatiial signs along existing trails and approved new trails and fences along
Trail Area boundaries .
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2 . 5 . Transfer . Grantor r ' s the right to sell , give, mortgage , lease , or otherwise convey the
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Trail Area subject to the to this Easement .
2 . 6 . Trail Relocation. Granto($nay relocate the Trail subject to the following conditions .
( a) Grantor, upon cons'oitation with and consent of the Grantee , and subject to prior
approval by Fund, n a�We
elocate the Trail within the Trail Area. End points of the
Trail must remain in same location as when originally constructed by Grantee .
Grantor shall be respons" for all costs and expense associated with relocating
the Trail . Such relocation 8all include relocation of Trail signs and facilities , and
associated costs . Should th Trail be relocated it must be constructed to the same
standards and specifications 4�Vere applied in the original Trail construction.
Consent of the Grantee shall n e unreasonably withheld.
(b) Any relocation of the Trail exer d pursuant to this option shall not hinder or
impede access to or use of the Tra ough the Trail Area . The constructed Trail
shall remain open to use until such ' me as the relocated Trail is complete and
ready for use .
ARTICLE III. RESERVED RIGHTOF GRANTEE
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Grantor is not responsible for costs associated with c�ruction and maintenance of the
Trail or improvements or accessory facilities of the Trail exceo.or improvements resulting from
Grantor exercising a reserved right such as the right to relocate t Trail . Grantee reserves for
itself and its successors and assigns the following rights : .
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3 . 1 . Improvements . Grantee or assigns , in accordance to the Moorefields NCLWF Easement,
reserves the right to construct and maintain new natural surface trails for the purpose of hiking .
Grantee or assigns further reserves the right to pave trails for non-motorized recreational
urposes . All trails must be within the Trail Area and no more than four (4 ) feet in width . All
(r tils must be located a minimum distance of fifty (50) feet from the top of the bank of all
siPace water, unless such locations are physically impracticable , and must be located so as not
to Opair the Conservation Values of the conservation easement recorded in the Moorefields
NC Easement . All trail construction involving soil disturbance must follow best practices
for susta ' able trail design and construction and must have prior written approval by Fund . When
require the terrain, trails may include boardwalks , ramps , and handrails to the extent
necessa rails may include stream crossings up to 6 feet wide , provided they are permitted by
all applica regulatory authorities . All necessary care shall be taken to construct and maintain
trails in am er so as not to impair any Conservation Values either during or after construction .
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Fund shall haV;he authorityto require the closure ofany trail that is detrimental to any
Conservationes . All realignments of trails are sub ' ect to the requirements of this Paragraph .
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3 . 2 . Trail and Recreational Accessories . Grantee , with Grantor ' s written permission and in
accordance of the Moorefields NCLWF Easement , reserves the right to add and maintain the
following to the Trail Arom�aa
(a) A reasonable nQ er of benches and litter receptacles .
b Signs to mark th� it and provide iregard 'O g p o information reg ding applicable time , place , and
manner restriction
(c) Signs for interpretive(apd educational purposes and to indicate the interest of Grantee
in the Trail Area.
(d) Boardwalks , ramps , hangils , gates , fences , and barriers to control access .
(e) One ( 1 ) observational pla#orm along existing and approved new trails or on the
banks of surface water if allo d and approved by all applicable regulatory
authorities . O
3 . 3 . Vegetation Management . Grant r assigns reserves the right to manage vegetation
for boundary marking , fencing , signage, fire tainment, disease control , invasive exotic plant
control , and removal of conditions that threate ' e or property . Methods of vegetation
management may include , but are not limited to , lective cutting and application of herbicides
or pesticides .
ARTICLE IV. PROHIBITED AND RE RICTED ACTIVITIES
Any activity on, or use of, the Trail Area inconsist with the purposes of this Easement
is prohibited . Other than as provided herein, the Trail Ar"all be maintained in its natural ,
scenic , wooded and open condition and restricted from any use Mat would impair or interfere with
the Conservation Values or the purposes of this Easement . E*6pt for those rights specifically
reserved to Grantor ' Article II and without limiting the generalit f the foregoing , the following
activities and uses are expressly prohibited or restricted as indicate
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4 . 1 . Trail Area Use . Access to the Trail Area by the general public is subject to the following
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- (a) The Trail may be used only for walking, nature study, and the like .
(b) Use is limited to the hours between dawn and dusk .
(c) Smoking or lighting of fires is prohibited .
Q� (d) Consumption of alcoholic beverages is prohibited .
� (e) Trapping or hunting is prohibited .
4 . 2 , chanized Vehicles . There shall be no use of motorized vehicles or motorized bikes on
the Trail a except as necessary for the construction, maintenance, operation and management
of the No arolina Mountains4o - Sea Trail and associated trail and recreational accessories as
described h
4 . 3 . Industrial r Commercial Use : Industrial and commercial activities are prohibited in the
Trail Area.
4 . 4. Residential Use, Structures , and Signs . There shall be no residential use of the Trail Area.
There shall be no con cting or placing of any building , mobile home , billboard or other
advertising display, ant , utility pole , tower, conduit line, or any other temporary or permanent
structure or facility on or ve the Trail Area except for the following : placement and display of
no trespassing signs, local , or federal traffic or similar informational signs, boundary fencing,
signs identifying the Conseron Values of the Trail Area, and/or signs identifying Grantor as
owner of the Property and GraR-e as holder of this Easement, signs identifying the Trail Area as
a part of the North Carolina M4 tainsAo - Sea Trail , signs giving directions or prescribing rules
and regulations for the use of the�rail Area, educational and interpretative signs , identification
labels or any other similar temporaiioX permanent signs .
4 . 5 . Agricultural , Timber Harvestinge\Grazinja and Horticultural Use . Agricultural , timber
harvesting , grazing, horticultural and an ' 1 husbandry operations are prohibited ; provided that
this provision shall not prohibit plantings wildlife habitat or wildlife management ,
4 . 6 . Disturbance of Natural Features , Plan And Animals . There shall be no cutting or removal
of trees , or the disturbance of other natural featA on the Trail Area except for the following : (1)
as incidental to boundary marking or railing as a ed hereunder ; and cutting or clearing of
vegetation for insect or disease control , control of n-native plants , removal of trees that threaten
to fall on the Trail Area or on land outside the boundaries of the Trail Area and as necessary for
the construction, maintenance , operation and management of the North Carolina MountainsAo -
Sea Trail and allowed Trail and Recreational Accessor0 Design and construction of the North
Carolina MountainsAo - Sea Trail will be planned and buff o minimize environmental impacts to
the extent practical . Q
4 . 7 . Wetlands and Water Quality. There shall be no pollut`6w1or alteration of surface waters in
the Trail Area. There shall be no construction or other activities 'K�i t would be detrimental to water
quality or that would alter the natural water levels , drainage, sed ntation, or water flow in, on,
or over the Trail Area or into any surface waters . There shall be no struction or other activities
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that would cause soil degradation or erosion . There shall be no diking , dredging , alteration ,
draining , filling , or removal of wetlands .
. 8 . Du.Tin.g and Filling . The dumping , accumulation, storage , or burying of soil , trash, ashes ,
age, waste appliances, abandoned or unlicensed vehicles, inoperable or broken machinery ,
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fis , junk, radioactive or hazardous waste, or other materials on the Trail Area is prohibited .
Atmobiles , trailers , machinery and recreational vehicles shall not be stored on the Trail Area .
4 . 9 . ineral Use Excavation Dred in . There shall be no filling , excavation, dredging,
miningdrillin • no removal of topsoil , sand ravel rock eat minerals or other minerals , and
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no char the topography of the Trail Area in any manner except as reasonably necessary for
the purp0 of combating erosion and as reasonably necessary for any activities otherwise
permitted o e Trail Area pursuant to the terms of this Easement .
ARTICLE V. FEDERAL TAX ITEMS
5 . 1 . Qualified Conservation Contribution . The Easement granted under this agreement has
been donated in whole o ' n art to Grantee b the undersigned Grantor . It is intended to qualify
p y g q fY
as a charitable donation a partial interest in real estate (as defined under § 170 (f) (3 ) (B ) (111) of
the Code) to a qualified o �nization (as defined in § 1 . 170A- 14 (c) ( 1 ) of the Regulations) .
5 . 2 . Definitions of Code e ulations . " Code " means the Internal Revenue Code of 1986 ,
as amended through the applicre date of reference . "Regulations" mean the provisions of
C . F . R. § 1 . 170A- 14 as amended (Dough the applicable date of reference .
5 . 3 . Public Benefit . This easem&, t ' given for public outdoor recreation and education and is
for the substantial and regular use of1he general public or the community . This Easement
provides significant public benefit as deed in § 1 . 170A- 14 (d) (2 ) (1) of the Regulations . Public
policies and programs that illustrate and port the significant public benefit of this Easement
include .
(a) The 2030 Orange County Comprelisive Parks and Recreation Master Plan , which
recommends the development of a ter plan for the Orange County segment of the
Statewide MountainsAo - Sea Trail as as linking to the priorities set forth in the
existing North Carolina State Trails Pr ram ; and
(b) 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
(c) The Land Use Element of the Orange County E mprehensive Plan (adopted
November 18 , 2008) with its goal of " Land uses t;�iat are appropriate to on- site
environmental conditions and features , and that px6 ct natural resources , cultural
resources , and community character ; " and
(d) The Orange County Lands Legacy Action Plan, whicc as adopted by the Orange
County Board of Commissioners on December 12 , 20 � .and which sets an objective
to acquire key parcels needed for a public pedestrian tra� d wildlife corridor that
would connect Hillsborough Riverwalk to the Haw River for the planned North
Carolina Mountains-to - Sea Trail ; and
(e) N. C . G . S . § 113 -34 . 1 authorizing the Department of Environment and Natural
Resources to develop and maintain the North Carolina Mountains-to - Sea Trail , of
which this easement will be a part .
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Mineral Interests . No Person has retained a qualified mineral interest in the Trail Area of
a na'W e that would disqualify the Easement for purposes of § 1 . 1 70A- 14 ( g) (4) of the
Regulati* s .
5 . 5 . ' ce Required Under Regulations . To the extent required for compliance with
§ 1 . 170A- ) (4)(ii) of the Regulations , Grantor agrees to notify Grantee before exercising any
reserved rig at may have an adverse impact on the conservation interests or public
recreational p oses associated with the Trail Area.
' c with l l 0A- 14 6 of he Regulations , the
5 . � . Tra.il Arc � �ht . In accordance t � 7 { �) { ) t g h
undersigned Grantor agrees that the Easement granted under this agreement gives rise to a
property right, immediately vested in the Grantee , that entitles the Grantee to compensation upon
extinguishment of the e ment . The fair market value of the property right is to be determined
in accordance with the ulations ; i . e . , it is at least equal to the proportionate value that this
easement as of the Ease Date bears to the value of the Property as a whole as of the
Easement Date . Grantee mA;, se any funds received by application of this provision in a manner
consistent with the recreatiotnd conservation purposes of this Easement .
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5 . 7 . Qualification Under 20 C of the Code . To the extent required to qualify for
exemption from federal estate tax nder § 2031 (c) of the Code , and only to the extent such
activity is not otherwise prohibited ? 1 ' ited under this Easement, Grantor agrees that
commercial recreational uses are no
ARTICLE within the Trail Area.
ARTICLE VI, ONGOING RES ;NSIBILITY OF GRANTOR AND GRANTEE
This Easement is not intended in any way to fect any existing obligation of the Grantor as
owner of the Property . Among other things , i s shall apply to .
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6 . 1 . Taxes . Grantor shall continue to be solely ponsible for payment of all taxes and
If Granteiss ever required to pay any taxes or assessments levied against the Property ,
assessments on their interest in the Property , Grantor shall upon demand reimburse Grantee for
the same .
6 . 2 . Upkeep and Maintenance . Grantor shall continue be solely responsible for the upkeep
and maintenance of the Trail Area, to the extent it may be Quired by law, except as described
herein . Grantee shall have no obligation for the upkeep or rr10i1itenance of the Trail Area, except
as described herein . Grantee shall be solely responsible for co r�zction, upkeep , and
maintenance of the Trail , except as described herein .
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6 . 3 . Transfer of Trail Area . Grantor agrees to incorporate by reference the terms of this
Easement in any deed or other legal instrument by which they transfer or divest themselves of
any interest, including leasehold interests , in the Trail Area . Grantor shall notify Grantee in
,writing at least thirty (30) days before conveying the Trail Area, or any interest therein . Failure
ef Grantor to do so shall not impair the validity of the Easement or limit its enforceability in any
6A . V Transfer of Easement . Grantee shall have the right to transfer this Easement to any public
agency o private nonprofit organization that, at the time of transfer, is a qualified organization
under S . C . Section 170 (h) of the Internal Revenue Code , as amended and under NGS 121 -
34 et seq . , Kovided the agency or organization expressly agrees to assume the responsibility
imposed o rantee by this Easement . As a condition of such transfer, Grantee shall require that
the consery purposes intended to be advanced hereunder shall be continued to be carried
out. If Grant e #ver cease to exist or no longer qualify under 26 U . S . C . Section 170 (h) of the
Internal Reveniz(Code , or applicable state law, a court with jurisdiction shall transfer this
Easement to another qualified organization having similar purposes that agrees to assume the
responsibility imposed by the Easement .
6 . 5 . Inspection and ess . With reasonable advance notice to the Grantor or with Grantor ' s
prior verbal consent, G ee, their employees and agents , successors and assigns , shall have the
right to enter the Trail Aror the purpose of inspecting the Trail Area to determine whether
Grantor, their successors or \awgns are complying with the terms, conditions and restrictions of
this Easement .
6 . 6 . Enforcement. Grantee sl0l have the responsibility for management, monitoring and
enforcement of the terms of this I ess ment . Grantee shall complete and file the monitoring
reports , a copy of which is kept on e ith Orange County .
Grantee shall have the right to pre t violations and remedy violations of the terms of this
Easement through judicial action, which 11 include, without limitation, the right to bring
proceedings in law or in equity against any�pp.rty or parties attempting to violate the terms of this
Easement. Except when an ongoing or immi ent violation could irreversibly diminish or impair
the Conservation Values of the Trail Area, Gee shall give Grantor written notice of the
violation and Grantor shall have thirty (30) days cure the violation, before commencing any
legal proceedings . If a court of competent jurisdi on determines that a violation may exist or
has occurred, Grantee may obtain an injunction to `stop the violation, temporarily or permanently .
The parties agree that a court may issue an injunction or order requiring Grantor to restore the
Trail Area to its condition prior to the violation, as restoration of the Trail Area may be the only
appropriate remedy . The failure of Grantee to discover tv ' olation or to take immediate legal
action shall not bar it from doing so at a later time . In anY ase where a court finds no such
violation has occurred, each party shall bear its own costs . luny case where the Court finds that
a violation has occurred, Grantee shall have the right to reco emits legal costs from Grantor ,
including attorney s fees or expenses associated with any enfo c rpent or remedial action as it
relates to the enforcement of this Easement .
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O ARTICLE VII , REPRESENTATIONS OF THE PARTIES
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. 1 . Grantor ' s Title Warranty . Grantor covenants , represents and warrants (1) that it is the
le owner and is seized of the Trail Area in fee simple and has the right to grant and convey
t ' 'Easement ; (ii) that there is legal access to the Trail Area; (ill) that the Trail Area is free and
cl of any and all encumbrances , except those permitted title exceptions listed on Exhibit B ,
attao eed hereto and incorporated herein by this reference , none of which would nullify , impair
or limtand
y way the terms or effect of this Easement ; (iv) Grantor shall defend its title to the
Trailainst the claims of all persons whomsoever; and (v) Grantor covenants that
Grantsuccessors and assigns , shall have the use of and enjoy all of the benefits derived
from sing out of this Easement .
7 . 2 . Grant Environmental Warrpn1y. Grantor knows of no release or threatened release of
any Hazardous terials on, at, beneath or from the Trail Area, or arising from or connected
with a violation oony Environmental Laws . Grantor hereby promises to hold harmless and
indemnify Grantee against all litigation, claims , demands , penalties and damages , including
reasonable attorneys ' fees , arising from or connected with the release or threatened release by
Grantor or its agents of Hazardous Materials on, at, beneath or from the Trail Area, or
arising from or connect ith a violation by Grantor or its agents of any Environmental Law .
"Environmental Lam"r "Environmental Laws " means any and all Federal , state , local or
municipal laws rules orders ulations statutes ordinances codes guidelines, policies. .p , gu , or
requirements of any governmeRW authority regulating or imposing standards of liability or
standards of conduct (including (ammon law) concerning air, water, solid waste, hazardous
materials , worker and commumtyvt � h protection
hazard communication noise , radioactive
material , resource protection, subdii n, inland wetlands and watercourses , health
and similar environmental health, sa ty , building and land use as may now or at any time
hereafter be in effect . 6
"Hazardous Materials " means any roleum, petroleum products, fuel oil , waste oils ,
explosives, reactive materials ignitable mat is corrosive materials hazardous chemicals
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hazardous wastes , hazardous substances , extriely hazardous substances , toxic substances , toxic
chemicals , radioactive materials , infectious mat ' als and any other element, compound, mixture ,
solution or substance which may pose a present tential hazard to human health or the
environment.
7 . 3 . Liabili1y , Grantor has entered into this Easement in order to make the Trail Area
available to the public for recreational and educational poses as contemplated by Chapter 38A
and Section 143B435 . 118 of the North Carolina Generalvlatutes and therefore is afforded the
statutory limitations upon liability of an " owner" under thoje provisions as they may be amended
from time to time . X01 N
ARTICLE VIII, MISCELLAN US
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Recording . Grantee shall record this instrument in a timely fashion in the official record
of Orange County , North Carolina, and may re-record it at any time as may be required to
reserve the rights of the Grantee .
<8Z2 . Survival of Terms/Merger of Fee and Easement . Grantor and Grantee agree that the
to Ms of this Easement shall survive any merger of this fee and easement interest in the Trail
Ario. In the event Grantee becomes owner of the Trail Area, or any portion thereof, Grantee
shalkeransfer its rights title and interest in this Easement to a third party in accordance with
sections . 4 .
8 . 3 . A ndment of Easement . This Easement may be amended only with the written consent
of the li -
Gr t r and Grantee . Any such amendment shall be consistent with the purposes of this
Easement hall comply with Sec . 170 (h) of the Internal Revenue Code , or any regulations
promulgated i ccoodance with that section. Any such amendment shall also be consistent with
the Uniform Col rvation and Historic Preservation Agreements Act, N . C . G . S . Section 121 - 34
et seq. , or any regations promulgated pursuant to that law . The Grantor and Grantee have no
right or power to agree to any amendment that would affect the enforceability of this Easement .
8 . 4 . Procedure in the Fivent of Termination of Easement . If it is determined that conditions on
or surrounding the Trai fAea have changed so much that it is impossible to fulfill the
conservation purposes se h above, a court with jurisdiction may, at the joint request of both
the Grantor and Grantee , to"ate this Easement ,
If condemnation of a `ar of the Trail Area or of the entire Property b public authority
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renders it impossible to fulfill a Yn bf these conservation purposes , the Easement may be
terminated through condemnation roceedings .
8 . 5 . Interpretation. This EasemenY shall be interpreted under the laws of the State of North
Carolina, resolving any ambiguities an estions of the validity of specific provisions so as to
give maximum effect to its conservation oses .
8 . 6 . Perpetual Duration1 Severa_ bility . T asement created by this Deed shall be a servitude
running with the land in perpetuity . Every prsion of this Deed of Trail Easement that applies
to the Grantor or the Grantee shall also apply t eir respective agents , heirs , executors ,
administrators , assigns , and all other successors eir interests may appear . Invalidity of any
of the covenants , terms or conditions of this Ease nt , or any part thereof by court order or
judgment shall in no way affect the validity of any of the other provisions hereof, which shall
remain in full force and effect.
8 . 7 . Subsequent Liens on the Trail Area . No provision$f this Easement should be construed
as impairing the ability of Grantor to use the Trail Area as coo lateral for subsequent borrowing .
Any such liens shall be and remain subordinate to this EasenV lit .
8 . 8 . Subsequent Easements/Restrictions on the Trail Area . 1` rant of any easement or use
restriction that might diminish or impair the Conservation ,Values the Trail Area is prohibited .
Any such easement or restriction shall be subordinated to this Ease t.
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8 . 9 . Notices . Any notices required by this Easement shall be in writing and shall be
first class mail to Grantor or Grantee respectively , at the
ersonaily delivered or sent by
ollowing address , unless a party has been notified in writing by the other of a change of address .
' To the Grantor : To the Grantee :
FRIENDS OF MOOREFIELD S Orange County DEAPR
2 01 MOOREFIELDS ROAD PO Box 8181
' lsborough, NC 27278 Hillsborough, NC 27278
8 . 10 , En A reement. This instrument sets forth the entire agreement of the Parties wi
tY " th
respect to th asement and supersedes all prior discussions , negotiations , understandings or
agreements re *ng to the Easement. If any provision is found to be invalid, the remainder of the
provisions of th� asement, and the application of such provision to persons of circumstances
other than those which it is found to be invalid , shall not be affected thereby .
8 . 11 . Availabilily or Amount of Tax Benefits . Grantee make no warranty , representation or
other assurance regardin the availability , amount or effect of any deduction, credit or other
benefit to Grantor or an I er person or entity under United States or any state , local or other
tax law to be derived fro ' e donation of an art of the value of this Easement or other
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transaction associated with donation of this Easement. Grantor ' s donation is not conditioned
upon the availability or amof any such deduction, credit or other benefit . Grantee makes no
warranty , representation or oth ' assurance regarding the value of this Easement or of the Trail
Area. As to all of the foregoing,(Grantor is relying upon Grantor ' s own legal counsel ,
accountant, financial advisor or otWr consultant and not upon Grantee ' s legal counsel ,
accountant, financial advisor or othl h nsultant of Grantee . In the event of any audit or other
inquiry of a governmental authority 1 to the effect of this donation upon the taxation or financial
affairs involving Grantor or Grantor ' s , successors or assigns or other similar matter then
Grantee shall be reimbursed and indemni d for any cost or expense of any kind or nature
whatsoever incurred by Grantee in respon ' or replying thereto .
8 . 12 . Warranties and Representations of O ter . By signing this Easement, Grantor
Will
acknowledges , warrants and represents to Gram that :
(a) Grantor has had the opportunity to be rbpresented by counsel of Grantor ' s choosing
and fully understand that Grantor is hereby permanently relinquishing property rights
which would otherwise permit Grantor to have a fuller use and enjoyment of the Trail
Area . 6
(b) There are no recorded or unrecorded leases or40her agreements for the production of
minerals or removal of timber from the Trail Ar® which would, if any of the
activities permitted under such lease or other agrecent were undertaken by Grantor,
violate the covenants or restrictions in this Easemell
t r otherwise defeat the
conservation Purpose . 00
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TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, their successors
and assigns , forever . IN WITNESS WHEREOF , the Grantor and Grantee, intending to legally
bind themselves , have set their hands on the date first written above .
GRANTOR :
FRIENDS R DS
By : dPatn Hernmnger, Presient Friends of Moorefields
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Accepted :
(� GRANTEE .
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ORANGE COUNTY, NORTH CAROLINA
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By '
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� J zetta Medford Cha'
O Orange County Board Commissioners
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ATTEST : CZ ,
By :
Laura Jens Clerk to the
Board of Commissioners
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Acknowledgments
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NORTH CAROLINA
`> COUNTY OF ORANGE
\ ' 1, % f . , a Notary Public for said County and State do hereby certify
thfiPPam Hemminger, President of Friends of Moorefields, a NC non-profit corporation,
perWnally appeared before me and acknowledged the due execution of the foregoing instrument
for the purposes therein expressed .
ess m hand and official stamp or seal this the ,� da of LCVG 20
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�,,.oQ,� ••, . . , . . „ . .,.< Vtary Public
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My co is lion 4ires6
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NORTH CAROLINA yy �;yG* E
COUNTY OF ORANGE 0
I '' , a No Public of Orange County , North Carolina do hereby
> �' g tY � Y
certify that Laura Jensen pers ally appeared before me this day and acknowledged that she is
Clerk to the Board of Commissiar is for Orange County, North Carolina and that by authority
duly given and as the act of Oran e ounty , North Carolina the foregoing instrument was signed
in its name by the Chair of the Or e ounty Board of Commissioners , and attested by her as
Clerk to said Board of Commission s .
Witness my hand and official st or seal this the day of 41 , 20 '?#9
of Public
My commission expires :
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'� EXHIBIT A . LEGAL, DESCRIPTION E
O k
I'
Being all of that 3 . 06 acre parcel , more or less, labeled "Easement 3 MST Trail Easement" on
at certain plat entitled "Final Exempt Plat Boundary , Easement, And Recombination Survey
perty of Friends of Moorefields , A NC Non- Profit Corp . , The State of North Carolina, Land
anV ater Fund, Orange County , North Carolina AND The Eno River Association" prepared by
Doi as R. Yarborough, Professional Land Surveyor dated April 27 , 2022 and recorded in Plat G
Book , Page 8 , of the Orange County Registry .
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'110 EXHIBIT B . PERMITTED EXCEPTIONS
1 . Terms of the underlying fee simple rights of the Conservation Easement from Friends of
Moorefields, a North Carolina, recorded in Book fa�5L1 at Page 2
02 . Fee simple interest of Friends of Moorefields , a North Carolina nonprofit corporation
� .
and rights of underlying fee simple owner to use the Land in any way not inconsistent
with the terms of the Conservation Easement .
3 . Matters shown on recorded Plat Book 62 at Page 97 ; Plat Book 64, Page 158 ; Plat Book
4) Page 108 ; Plat Book 62 , Page 98 ; Plat Book 4 , Page 115 ; Plat Book 62 , Page 99 ; Plat
TQj 55 , Page 197 ; Plat Book 106 , Pages 92 -93 .
4 . Ma s shown on that certain plat entitled "Final Exempt Plat Boundary , Easement, And
Recoiination Survey Property of Friends of Moorefields , A North Carolina Non-Profit
corporQ n Survey For The State of North Carolina, Land and Water Fund, Orange
Countyh Carolina and The Eno River Association" prepared b Douglas R.
p P Y g
Yarboroug , Professional Land Surveyor, Landmark Surveying , Inc . , dated April 27 ,
2022 and recorded in Plat Book 1 Z , Page g , of the Orange County
Registry .
5 . Easement( s) to is Telephone Company recorded in Book 180 at Page 440 .
6 . Easement(s) to Pie&ont Electric Membership Corporation recorded in Book 241 at Page
1652 . X01 \
7 . Easement(s) to Barry Jacobs recorded in Book 1327 at Page 350 .
8 . Rights of others for ingr" and egress purposes in and to the use of easement(s) located
on the Land . \<> �
9 . Ordinance of the Orange Con Board of Commissioners Designating the property
known as the Moorefields as a Historic Landmark recorded in Book 1754 , Page 23 .
10 . Boundary Agreement and QuitciOn Deed recorded in Book 4884 at Page 315 .
11 . Easement and Agreement for Pri Q
Drive Maintenance and Lighting Standards
6
recorded in Book 4884 at Page 328 .
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