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8 <br />A. Passive Recreational Use. The Grantor reserves the right to engage and to allow others <br />to engage in passive recreational uses of the Easement Area, requiring no surface alteration of <br />the land and posing no threat to conservation values, including, without limitation, walking, <br />fishing, or animal and plant observation; and any other purpose consistent with maintaining <br />the conservation values of this Conservation Easement so long as such activity does not <br />interfere with those activities to be enjoyed by the public at large and set forth by the Master <br />Plan, and amendments thereto. <br />B. New Ho tie Creek Trail and Trinity School Trails. The Grantor covenants and agrees <br />that the Grantee, its successors attd assigns, shall have the perpetual and assignable right to <br />construct, operate and maintain a paved or unpaved New Hope Creek Trail within the <br />Easement Area as htdicated by the Land Use Element of the Orange County Comprehensive <br />Plan, adopted September 2, 1981, ("Master Plan") and amendments thereto. The Parties agree <br />that all hails must be located incompliance with both the guidelines of the Fund and aforesaid <br />Master Plan. All hails must be located at a minimum distance of fifteen (1 S) feet from the top <br />of the bank of New Hope Creek, unless such locations are physically impracticable, and in a <br />mamter that does not materially diminish the wooded, open space character, and scenic and <br />natural qualities of the Easement Area as existing on the date of this Conservation Easement. <br />hi the construction of New Hope Creek Trail, and when required by the tenant, boardwalks, <br />ramps, handrails, and steps ue permitted herein. The Grantee may also construct and <br />maintain park benches, litter receptacles, and trai]/feature signs along New Hope Creek Trail. <br />The Grantor reserves the right to construct and maintain trails for the use of students acid <br />faculty of the Trinity School. The hails must be constructed and located in compliance with <br />both the guidelines of the Fund attd aforesaid Master Plan and not materially diminish the <br />wooded, open space character, scenic and natural qualities of the Easement Area as existing <br />on the date of this Conservation Easement. <br />C. Natural Community Restoration. The Grantor covenants and agrees that the Grantee <br />shall have the perpetual right to perform all activities necessary to restore the natural plant and <br />animal communities on the Easement Area. <br />Norivithstanding the foregoing, the total cleared, and not re-vegetated, pervious artd <br />impervious surface areas associated with all aforesaid improvements, including, but not <br />limited to, the greenway and extension trails, shall not exceed ten (10) percent of the total area <br />of the Easement Area. The Grantor and the Grantee shall have the right and duty to maintaht <br />the Easement Area in a clean, natural and undisturbed state, consistent the terms of this <br />Conservation Easement and all applicable land use regulations, and other applicable laws and <br />ordinances. Fut4hermore, Grantor and Grantee have no right to agree to any activity that <br />would result in the termination of this Conservation Easement. <br />s <br />