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

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2. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor, its successor and assign hereby grants and conveys the following rights to Grantee: (a) To preserve and protect the Conservation Values of the Property; (b) To enter upon the Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement; (c) To prevent any activity on or use of the Property that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; (d) All air and water rights currently owned by Grantor that are appurtenant to the Property and necessary to protect and to sustain the biological resources of the Property, provided that any exercise of such rights by Grantee shall not result in conflict with such Conservation Values; (e) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (0 The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Property except as otherwise provided herein or any easements and reservations of rights recorded in the chain of title to the Property at the time of this conveyance: (a) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species as allowed in Sections 5 and 6 herein; (b) Incompatible fire protection activities except fire prevention activities set forth in Section 6(c); (c) Use of off-road vehicles and use of any other motorized vehicles, except in the execution of management duties; (d) Residential, commercial, retail, institutional, or industrial uses; (e) Any legal or de facto division, subdivision or portioning of the Property; 23152.06317\8786963.6 -3- Conservmion Easemem 008 R522-050 -- 1571042.1