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• • <br /> NOW, THEREFORE, the parties, in consideration of the mutual covenants and <br /> conditions set forth herein and the substantial public benefits to be derived therefrom, do <br /> hereby agree as follows: <br /> 1. Grant of Conservation Easement. Owner, as grantor, hereby grants a <br /> conservation easement to the Town of Los Altos Hills, a municipal corporation, County of <br /> Santa Clara, State of California, over the real property described and shown on Exhibits A <br /> and B, attached hereto (the "Property"), to have and to hold said conservation easement <br /> for the term and for the purposes and subject to the conditions, covenants and exceptions <br /> described herein. <br /> 2. Statutory Authorization.This Agreement and grant of conservation easement <br /> are made and entered into pursuant to Civil Code Sections 815 through 816 and Chapter <br /> 6.6 commencing with section (51070)of Part 1, Division 1,Title 5 of the Government Code. <br /> This Agreement is subject to all of the provisions of said sections and chapter including any <br /> amendments thereto 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 declares 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 Owner to construct any improvements on or within <br /> the Property except for public and private utilities easements, paths dedicated to the Town, <br /> and an approved septic system, provided these reserved exceptions shall be consistent <br /> with the purposes of law and shall not permit any action which will be incompatible with <br /> maintaining the preserving the natural 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 characteristic of the land; and <br /> c. against the grading of land otherthan attendant to permitted uses;and <br /> d. against the cutting of vegetation, except as may be required for fire <br /> prevention, thinning, elimination of diseased growth, and similar measures; and <br /> e. against any plantings other than native vegetation, provided that a <br /> vineyard may be located in the cross-hatched area shown on Exhibit B; and <br /> f. against the erection of structures, other than lawful fences. <br /> 2 N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\Cons-Eas.AGM <br />