Enforceable Restriction. This Easement and each and every term contained herein is intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of Article XIII, section 8 of the California Constitution and California Public Resources Code section 5540, or any successor constitutional provisions or statutes then in effect.
Enforceable Restriction. (a) It is mutually agreed that this Contract is and shall be an enforceable restriction within the meaning and for the purpose of Article XXVIII of the Constitution of the State of California, the Land Conservation Act, and Sections 421 through 430.5, inclusive, of the Revenue and Taxation Code as are now or may be from time to time in effect. To this end, this Contract shall be enforced and administered by the County in such a manner as to accomplish the purposes of Article XXVIII of the California Constitution and the aforementioned statutes.
(b) It is mutually understood that the County may bring any judicial action or proceeding necessary to enforce this Contract, including, but not limited to, an action to enforce this Contract by specific performance or injunction.
Enforceable Restriction. Both Owner and County intend that the term, conditions and restrictions of this Contract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the provisions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code (Rev. & Tax Code § 421 et. seq.).
Enforceable Restriction. Grantor and the DISTRICT intend that COUNTY’S covenants as set forth in this Easement are covenants running with the land as contemplated by Section 1468 of the California Civil Code with respect to the Easement Area. Therefore, the covenants of COUNTY running in favor of the DISTRICT shall bind the successors and assigns of COUNTY; to the extent such successors or assigns come to hold any interest or fee title to the Easement Area. It is agreed that, to the extent COUNTY or any successor or assign thereof transfers its fee ownership of all or any portion of the Easement Area, such transferor, upon such transfer, shall be released from any thereafter accruing liability under this Easement. If it is ever determined by a court of competent jurisdiction after any available appeals are either waived or exhausted, that it is impossible to continue the conservation purpose for which this Easement is created, then COUNTY shall give to the DISTRICT any proceeds available to COUNTY from the judicial extinguishment of the grant evidenced by this Easement, and the DISTRICT shall use such proceeds only for conservation purposes.
Enforceable Restriction. Upon acceptance of the open-space easement granted herein, the Subject Property shall be deemed to be "enforceably restricted" within the meaning of section 422 of the Revenue and Taxation Code and section 8 of Article XIII of the Constitution of the State of California.
