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• • <br /> (the "Property"), to have and to hold said open space easement for the term and for the <br /> purposes and subject to the conditions, covenants, and exceptions described herein. <br /> 2. Statutory Authorization. This Agreement and grant of open space <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 /> open space easement granted herein, the Property shall not be used for any purpose other <br /> than an open space easement and those uses related to or compatible therewith. Owner, <br /> for the direct benefit of the Property described herein, hereby declares that the Property <br /> shall be subject to restrictive covenants running with the land which shall be binding <br /> upon all subsequent grantees. Said restrictive covenants shall be: <br /> a. against the right of Owner to construct any improvements on or <br /> within the Property except for public and private utilities and pathways/bridges for <br /> pathways-dedicated--to-the--Town-or--an-approved-septic-system;--provided-these--reserved- <br /> exceptions shall be consistent with the purposes of maintaining and preserving the natural <br /> -or scenic character of the land, native vegetation may be planted within the easement but <br /> no irrigation or sprinkler systems are permitted; 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 including but not limited to drainage improvements and underground <br /> utilities; and <br /> d. against the cutting of vegetation, except as may be required for fire <br /> prevention, thinning, elimination of diseased growth, removal of invasive or non-native <br /> species and similar measures; and <br /> • <br /> e. against any plantings other than native vegetation; 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 /> Resolution 60-12 Page 4 <br />