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• <br /> III • <br /> cal, social, aesthetic and economic asset to the Town and the <br /> Owner. <br /> NOW, THEREFORE, the parties, in consideration of the mutual <br /> covenants and conditions set forth herein and the substantial <br /> public benefits to be derived therefrom, do hereby agree as <br /> follows : <br /> 1 . Grant of Conservation Easement. Owner, as grantor, <br /> hereby grants a conservation easement to the Town of Los Altos <br /> Hills, a municipal corporation, County of Santa Clara, State of <br /> California, over the real property described and shown in <br /> Exhibit B, attached hereto (the "Orchard Property" ) , to have and <br /> to hold said conservation easement for the term and for the pur- <br /> poses and subject to the conditions, covenants and exceptions <br /> described herein. <br /> 2 . Restriction on Use of Orchard Property. During the <br /> term of this Agreement and the conservation easement granted <br /> herein, the Orchard Property shall not be used for any purpose <br /> other than open space and an apricot orchard and related irri- <br /> gation, equipment storage and repair facilities and fencing. <br /> Owner, for the direct benefit of the Orchard Property and the <br /> Property described herein, hereby declares that the Orchard <br /> Property shall be subject to restrictive covenants running with <br /> the land which shall be binding upon all subsequent grantees. <br /> Said restrictive covenants shall be: <br /> a. against the right of Owner to construct any <br /> improvements on or within the Orchard Property except <br /> for public and private utilities easements, paths <br /> dedicated to the Town, irrigation facilities, equip- <br /> ment storage and repair facilities and fencing; <br /> provided these reserved exceptions shall be consistent <br /> with the purposes of this Agreement and shall not <br /> permit any action which will be incompatible with <br /> maintaining and preserving open space and the apricot <br /> orchard; and <br /> b. against the extraction of natural resources <br /> or other activities which may destroy the unique <br /> historical, physical and scenic characteristics of the <br /> land; and <br /> c . against the grading of land other than <br /> attendant to permitted uses; and <br /> d. against the cutting of vegetation or any <br /> apricot trees, except as may be required for fire <br /> prevention, thinning, elimination of diseased or dead <br /> growth, and similar measures; and <br /> 12954459 <br />