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• <br /> County of Santa Clara, State of California, over the real property described and shown as <br /> Exhibit A (the "Property"), to have and to hold said conservation easement for the term <br /> and for the purposes and subject to the conditions, covenants, and exceptions described <br /> herein. <br /> 2. Statutory Authorization. This Agreement and grant of conservation <br /> easement are made and entered into pursuant to Chapter 6.6 commencing with Section <br /> 51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject <br /> to all of the provisions of said sections and chapters including any amendments thereto <br /> which may hereafter be enacted. <br /> 3. Restriction on Use of Property. During the term of this Agreement and the <br /> conservation easement granted herein, the Property shall not be used for any purpose <br /> other than a conservation easement and those uses related to or compatible therewith. <br /> Owners, for the direct benefit of the Property described herein, hereby declare that the <br /> Property shall be subject to restrictive covenants running with the land which shall be <br /> binding upon all subsequent grantees. Said restrictive covenants shall be: <br /> a. against the right of Owners to construct any improvements on or <br /> within the Property except for public and private utilities and paths dedicated.to the <br /> Town, or an approved septic system, or approved solar panels, provided these reserved <br /> exceptions shall be consistent with the purposes of maintaining and preserving the natural <br /> or scenic character of the land; and <br /> b. against the extraction of natural resources or other activities which <br /> may destroy the unique physical and scenic characteristics of the land; and <br /> c. against the grading of land for reasons other than attendant to <br /> permitted uses; and <br /> d. against the cutting of vegetation, except as may be required for fire <br /> prevention, thinning, elimination of diseased growth, removal of eucalyptus and other <br /> potentially hazardous trees, and similar measures; and <br /> e. against any plantings other than native vegetation and other than <br /> riparian plantings along the creek; and <br /> f. against the erection of structures other than lawful fences or any <br /> improvements authorized by Paragraph 3(a) herein. <br /> 4. Exceptions. The City Council of the Town may authorize exceptions to <br /> the foregoing restrictive covenants, provided such exceptions are consistent with the <br /> purposes of law and not incompatible with maintaining and preserving the natural <br /> character of the land. <br /> #656191v1 <br />