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7417 o2s2 eomt'7417 PaCF. 282 easements and restrictions upon said lands for the purpose of protecting the development and use for public park purposes of the W. W. Flowe Lands retained by the Trustee and the lands being conveyed to the Trust in the exchange. The oasements and restrictions are a condition of the exchange by the Trustee.. D. Pursuant to the Exchange Agreement, Development has conveyed to Trustee 29.707 acres of Development's Purchased Lands, being the First Parcel as shown on the Survey, and in exchange, Trustee has conveyed to Development 22.670 aches of the W. W. Flowe Lands, being the Second Parcel as shown on the Survey. Including the lands acquired in the exchange, Development is the owner of 91.125 acres, being the lands described on Wig, which is attached hereto and incgrporated herein by reference, ("Development Lands', and Trustee is now the owner of 60.30a acres, being the ]ands described on Ex ibit B which is attached hereto and incorporated herein ly reference, ("Trust Lands"). E. In accordance with the Exchange Agreement, the parties have agreed upon the covenants, conditions, restrictions, and easements upon their respective lands as hereinafter set forth. AGREEMENT In consideration of the foregoing Recitals and the exchange of lands between them, the receipt and sufficiency of which are hereby acknowledged, Development and Trustee covenant and agree as follows: ARTICLE I PUBLIC PARI{ USES OF TRUST I.AN]DS 1.1 .Public PaXk Uses. Mary Lore Flawe Brown died on March 14, 2007 and left paper writings, which will be offered as her Iest will and codicils and which exercise a testamentary power of a~bpointment that appoints the Trust Lands to Cabarrus County subject to the restriction that the Trust Lands may be used by Cabarrus County only as a public park for recreational activities, facilities, structures, and improvements. Those uses include, but are not limited to, open space apd nature area; walking and jogging trails; bicycle paths; playground; athletic fields; a gymnasium; indoor and outdoor courts for basketball, racquet ball, hand ball, tennis, and other sports;•;exercise and recreation rooms and facilities; game rooms; indoor and outdoor swimming pool; picnic areas; golf and miniature golf; perking lots, snack bars, food service facilities, and administrative offices; spectator seating and facilities; and administrative offices for the Cabamrs bounty Parks and Recreation Department. Such uses may be conducted at night, and the athlet(t: fields, courts, parking lots, and other facilities may be lighted for nighttime use. The use of the fields, courts, and other facilities will include league play as wall as unorganized uses. Thp foregoing uses are hereinafter referred to as "Public Park Usos." The Public Park Uses will be subject to applicable laws and ordinances. 1.2 Encroachgrents of Lieht and Noise. The Public Park Usa will result in noise that may be heard on the Datvalopment Lands. Lights for nighttime use for Public Park Uses may result in the spill of light;~and glare from the Trust Lands onto the Development Lands. G -°-