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717 <br />' 02$2 1~00K.~4~.~ FAGF ~82 <br />easements and restrictions upon said Lands for the purpose of protecting the development and use <br />for public park purposes of the W. W. Flowe Lands retained by the Trustee and the lands being <br />conveyed to the Trust in the exchange. The easements and restrictions are a condition of the <br />exchange by the Tn~stee. <br />D. Pursuant to the Exchange Agreement, Development has conveyed to Trustee <br />29.707 acres of Development's Purchased Lands, bevng the First Parcel as shown on the Survey, <br />and in exchange, Trustee has conveyed to Development 22.670 acres of the W. W. Flowe Lands, <br />being the Second Parcel as shown on the Survey. Including the lands acquired in the exchange, <br />Development is the owner of 91.125 acres, being the lands described on Exhibit A, which is <br />attached hereto and incorporated herein by reference, ("Development Lands"}, and Trustee is <br />now the owner of 60.308 acres, being the lands described on Exhibit B, which is attached hereto <br />and incorporated herein by reference, ("Trust Lands"). <br />E. In accordance with the Exchange Agreement, the parties have agreed upon the <br />covenants, conditions, restrictions, and easements upon their respective lands as hereinafter set <br />forth. <br />AGREEMENT <br />Iv consideration of the foregoing Recitals and the exchange of lands between them, the <br />receipt and sufficiency of which are hereby acknowledged, Development and Trustee covenant <br />and agree as follows: <br />ARTICLE I <br />FUBLIC PARK USES OF TRUST LANIDS <br />1.1 Public Park Uses. Mary Lore Flowe Brown died on March 14, 2007 and left <br />paper writings, which will be offered as her last will and codicils and which exercise a <br />testamentary power of appointment that appoints the Trust Lands to Cabarrus County subject to <br />the restriction that the Trust Lands may be used by Cabazrus County only as a public park for <br />recreational activities, facilities, sriuctures, and improvements. Those uses include, but are not <br />limited to, open space and nature area; walking and jogging trails; bicycle paths; playground; <br />athletic fields; a gymnasium; indoor and outdoor courts for basketball, racquet ball, hand ball, <br />tennis, and other sports; exercise and recreation rooms and facilities; game rooms; indoor and <br />outdoor swimming pools; picnic areas; golf and miniature golf; parking lots, snack bars, food <br />service facilities, and administrative offices; spectator seating and facilities; and administrative <br />offices for the Cabartvs County Parks and Recreation Department. Such uses may be conducted <br />at night, and the athletic fields, courts, parking lots, and other facilities may be lighted for <br />nighttime use. The use of the fields, courts, and other facilities will include league play as well <br />as unorganized uses. The foregoing uses are hereinafter referred to as "Public Pazk Uses." The <br />Public Park Uses will be subject to applicable laws and ordinances. <br />1.2 Encroachments of Liaht and Noise. The Public Park Uses will result in noise that <br />may be heard on the Development Lands. Lights for nighttime use for Public Park Uses may <br />result in the spill of light and glare from the Trust Lands onto the Development Lands. <br />2 <br />...._ Attachment number 2 <br />G 1 Page 328 of 362 <br />