R-040-15 Approving a Conservation Easement for the West Valley Habitat Conservation Plan (5.5.15)

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D. Grantee agrees by accepting this grant to honor the intentions of Grantor to preserve and protect in perpetuity the Conservation Values of the Property in accordance with the terms of this Conservation Easement. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Property or any portion of it. Purpose. (a) The Purpose of this Conservation Easement is to ensure the Property will be preserved in a Natural Condition (as defined below) in perpetuity and to prevent any use of the Property that will impair or interfere with the Conservation Values of the Property (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Property to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitat. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Property, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Property that occur directly as a result of the following activities: (1) Activities described in the West Valley HCP; and (2) Changes occurring over time not caused by a violation of this Conservation Easement. (c) The current Natural Condition is evidenced in part by the following: (1) a color aerial photograph of the Property at an appropriate scale taken as close in time as possible to the date this Conservation Easement is executed; (2) an overlay of the Property boundaries on such aerial photograph; (3) on-site color photographs showing all man-made improvements or structures and the major, distinct natural features of the Property. Such further evidence is on file at the offices of the Grantee; and (4) other documents in Grantee's file, including but not limited to, a baseline survey described in Section 5(a). (d) If a controversy arises with respect to the Natural Condition of the Property, any party shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. 23152.063 M8786963.6 - 2 - Cmeer ation Easement 008 8522-050 -- 1571042.1