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200411425 ' 1172.97 feet; thence S31'48'18"E a distance of 74.47 feet to a point on the south line of Lot 1 of said Stuhr Museum Subdivision; thence N89 °59'34 "W along said south line a distance of 82.62 feet to a point on the east R.O.W. line of Highway 281, said point also being the southwest corner of said Lot 1; thence NO1 °28'58 "W along and upon said east R.O.W. line a distance of 1906.92 feet; thence NO1 °29'10 "W a distance of 926.20 feet; thence N88 °30'50 "E a distance of 25.00 feet; thence NO2'1 1'04"W a distance of 1599.44 feet to the point of intersection of said east Highway 281 R.O.W. line and the south R.O.W. line of Highway 34; thence N87 °28'37 "E along and upon the south-R.O.W. line a distance of 666.35 feet; thence N88 °36'50 "E a distance of 86.11 feet to the point of beginning. Said permanent trail easement contains 137,721 square feet or 3.17 acres more or less, as shown on the plat attached hereto as Exhibit A -1 and A -2, and incorporated herein by this reference. The Grantee's rights shall include all rights necessary for the full and complete use, occupation and enjoyment of the easement herein granted, including the right to excavate and refill ditches, to remove trees, bushes, hedges, undergrowth, and other obstructions interfering with the location, construction, inspection, repair, replacement, removal and maintenance of such sidewalks and hike/bike paths; provided, if such construction or maintenance requires the removal of hard - surfacing or grassed lawns, the Grantee or its contractor agrees to restore the surface of the easement area as soon as possible to its condition prior to said construction or maintenance work. The parties hereto agree that the Grantor may continue to use the easement area herein granted for any use permitted by law that does not interfere with the operation and maintenance of the sidewalks and hike/bike paths constructed therein. The Grantor covenants that this Hike / Bike Path Easement shall remain in full force and effect in perpetuity or until such time as use by the Grantee, its successors and assigns as a public lineal park, commonly known as a Hike / Bike Path is terminated and abandoned. The terms and conditions set forth herein shall run with the land and be binding upon the Grantor, its successors and assigns. The Easement grant is subject to the obligation of the Grantee to mow the area between the Hike / Bike Path Easement and the Highway 281 R.O.W. Line. The Easement grant is subject to the obligation of the Grantee to move the free standing sign which is located in or adjacent to the easement area to an adjacent location selected by Grantor at Grantee's expense. The fence to be constructed by Grantee shall use woven barbless wire (no less than 5 strands) with cedar posts and shall include a gate sufficient for vehicular driveway use at the Highway 281 access point. -2- s