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BOD057 P46E I17 <br /> Shy Conservation Easement <br /> 2.16 Commercial Development. Except as otherwise provided in this <br /> Conservation Easement, all commercial or industrial use of or activity within the Easement Area <br /> is prohibited. This restriction on use shall not be construed to prohibit use of the Easement Area <br /> for recreational, educational, artistic,and scientific purposes, as long as such activities are <br /> otherwise consistent with this Conservation Easement. <br /> 2.17 Development Rights. With the exception of the right to construct and use <br /> buildings expressly authorized elsewhere in this Conservation Easement, Grantors convey to <br /> Grantee all development rights that are now or hereafter allocated to, implied,reserved or <br /> inherent in the Easement Area,and the parties agree that such rights are terminated and <br /> extinguished, and may not be used on or transmitted to any portion of the Easement Area,as it <br /> now or hereafter may be bounded or described,or to any other property. <br /> 3. ADDITIONAL RIGHTS RETAINED BY GRANTORS. Grantors retain the <br /> following additional rights: <br /> (a) Existing Uses. The right to undertake or continue any activity or use of the <br /> Easement Area not prohibited by this Conservation Easement. Prior to making any change in use <br /> of the Easement Area, Grantors shall notify Grantee in writing to allow Grantee.a reasonable <br /> opportunity to determine whether such change would violate the terms of this Conservation <br /> Easement.0 <br /> (b) Transfer. The right to sell, give,mortgage, lease,or otherwise convey the <br /> Easement Area is subject to the terms of this Conservation Easement. <br /> (c) Right of Access. Permanent 60 feet wide right-of-access to Bradshaw Quarry <br /> Road for lots now existing or hereafter created included in the Easement Area shall be via Castell <br /> Lane as shown on Exhibit B and on the plat recorded at Plat Book 90,Page 2,Orange County <br /> Registry. As provided in Section 2.2, Grantors shall have the right to construct driveways as <br /> necessary to provide access to Castell Lane. <br /> 4. GRANTEE'S RIGHTS. To accomplish the purpose of this Conservation <br /> Easement,the following rights are granted to Grantee by this Conservation Easement: <br /> (a) Right to Protect. The right to preserve and protect the conservation values of the <br /> Easement Area and enforce the terms of this Conservation Easement. <br /> (b) Right of Entry. Grantee, its employees,representatives, and agents and its <br /> successors and assigns,have the right, after prior written notice to Grantors,to <br /> enter the protected Easement Area at least once yearly for the purposes of: (a) <br /> inspecting the protected Easement Area to determine whether the Grantors, their <br /> representatives, assigns,heirs and successors are complying with the covenants <br /> Page 8 of 16 <br />