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9 <br /> 2.4. Fencing. Grantor may install fencing, at Grantor's expense, along the perimeter of the <br /> Trail Area, not to exceed four(4) feet in height and constructed of post-and-rail or other open <br /> weave construction that preserves scenic views from the Trail. Grantor shall not, through <br /> fencing or any other means, methods, or materials, impede access to or discourage use of the <br /> Trail. <br /> 2.5. Transfer. Grantor retains the right to sell, give, mortgage, lease, or otherwise convey the <br /> Trail Area subject to the terms of this Easement. <br /> ARTICLE III. RESERVED RIGHTS OF GRANTEE <br /> Grantor is not responsible for costs associated with construction and maintenance of the <br /> Trail or improvements or accessory facilities of the Trail except for improvements resulting from <br /> Grantor exercising a reserved right such as the right to relocate the Trail. Grantee reserves for <br /> itself and its successors and assigns the following rights: <br /> 3.1. Improvements. Grantee reserves the right to construct a trail as follows: <br /> (a) The Trail shall be constructed of a pervious surface, no more than four(4) feet in trail <br /> width and in accordance with best management practices to minimize soil erosion and <br /> water quality impacts. <br /> (b) The Trail may be covered, if at all,by wood chips, gravel, or other porous surface. <br /> (c) The Trail may include steps, water bars, and other trail surface structures necessary to <br /> facilitate safe passage and erosion control, as well as bridges and culverts for <br /> traversing wet areas within the Trail Area. <br /> 3.2. Accessory Facilities. Grantee reserves the right to add the following to the Trail Area: <br /> (a) Signs to mark the Trail and provide information regarding applicable time,place, and <br /> manner restrictions. <br /> (b) Signs for interpretive purposes and to indicate the interest of the Grantee in the Trail <br /> Area. <br /> (c) Fencing, gates and barriers to control access. <br /> ARTICLE IV. PROHIBITED AND RESTRICTED ACTIVITIES <br /> Any activity on, or use of, the Trail Area inconsistent with the purposes of this Easement <br /> is prohibited. Other than as provided herein, the Trail Area shall be maintained in its natural, <br /> scenic, wooded and open condition and restricted from any use that would impair or interfere <br /> with the Conservation Values or the purposes of this Easement. Except for those rights <br /> specifically reserved to Grantor in Article II and without limiting the generality of the foregoing, <br /> the following activities and uses are expressly prohibited or restricted as indicated: <br /> -4- <br />