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City/GRAD shall accept, in perpetuity four hundred ninety-seven (497) acres of the Project Site (the "Open Space"), as shown on the Oak Grove Planned Unit Development Plan. With the recordation of the first final map for the Project, City shall grant an easement over the Open Space to the Tri Valley Conservancy or other entity reasonably acceptable to the City to protect the Open Space as permanent open space. (b) Prior to the sale of the fifthsi~ct# lots c~ Developer shall construct within the Open Space (a) a regional trail along the entire eastern boundary of the Project Site, as shown on the Oak Grove Planned Unit Development Plan (the "Regional Trail"), (b) class A and class C trails as shown on the City's Master Trails Plan ("the Local Trails"), and (c) a staging area for the Regional Trail and the Local Trails, which staging area shall include a restroom, potable water and water trough, and an area for parking eleven vehicles, as shown on the City's Master Trails Plan ("the Staging Area"). The precise location of the Regional Trail, the Local Trails, and the Staging Area shall be determined by the City prior to recordation of the first final map for the Project. (c) Developer shall dedicate land for, and construct, fire access roadse~ as shown on the Oak Grove Planning Unit Development Plan, or in such other location (or locations) as reasonably acceptable to the City. The dedication shall occur with the recordation of the first final map for the Project. One fire access road ae~e~'ss-may wil~form a loop continuing_the driveway from "A" Street past Lot 51 to connect to the existing water tank access road within the Kottinger Ranch subdivision, will be 20 feet in width and will be composed of crushed granite or other similar materials capable of supporting a type 3 fire vehicle. .The other fire access road a~Ey will connect to the City's existing die access easement (as said easement may be relocated) within the Grey Eagle Estates subdivision. This latter fire access road will involve improving an existing access and public service easement (granted to the City) and will connct the cul de sac o Grey Eagle Court to the Project property line as follows: From the cul de sac, the existing improvements (which extend about 130 feet) shall remain as constructed; from the end of those improvements, the easement maybe relocated to accommodate a proposed driveway and residence on the Roberts' property. This easement (if so relocated) shall serve, in part, as a drivewa, tithe proposed Roberts' residence. Thisportion of the easement, the location of which must be acceptable to the City and Roberts, shall be 20 feet wide and be an all weather surface to the extent it serves as a driveway. Developer shall bear the incremental cost to increase the the width of the driveway from 14 feet to 20 feet. The remainingportion of the easement (about 120 feet in length) that connects the easement/driveway to the Project property line shall be in a location acceptable to the City and Roberts, shall be 12 feet in width and shall be improved with a surface material acceptable to City and Roberts. Developer shall bear the incremental cost to increase 54393\84008v3