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50-17
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50-17
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Last modified
8/25/2017 11:40:28 AM
Creation date
8/25/2017 11:38:29 AM
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Resolutions
Number
50-17
Date
2017-08-17
Description
Approving Agreement for Open Space Easement (Lands of Nikzadan Saghafi)
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1. Grant of Open Space Easement. Owner, as grantor, hereby grants an open <br /> space easement to the Town of Los Altos Hills, a municipal corporation in the County of <br /> Santa Clara, State of California, over the real property described and shown as Exhibit A, <br /> (the "Property"), to have and to hold said open space easement for the term and for the <br /> purposes and subject to the conditions, covenants, and exceptions described herein. <br /> 2. Statutory Authorization. This Agreement and grant of open space easement <br /> are made and entered into pursuant to Chapter 6.6 commencing with Section 51070 of Part <br /> 1, Division 1, Title 5 of the Government Code. This Agreement is to allthe <br /> subject of <br /> provisions of said sections and chapters includinganyamendments thereto which may <br /> p <br /> hereafter be enacted. <br /> 3. Restriction on Use of Property. During the term of this Agreement and the <br /> open space easement granted herein, the Property shall not be used for any purpose other <br /> than an open space easement and those uses related to or compatible therewith. Owner, <br /> for the direct benefit of the Property described herein, hereby declares that the,Property <br /> shall be subject to restrictive covenants running with the land which shall be binding upon <br /> all subsequent grantees. Said restrictive covenants shall be: <br /> a. against the right of Owner to construct any improvements on or <br /> within the Property except for public and private utilities and paths dedicated to the Town, <br /> provided these reserved exceptions shall be consistent with the purposes of maintaining <br /> and 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 characteristics of the land; and <br /> c.. against the grading' of land for reasons other than attendant to <br /> 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 and <br /> g measures; <br /> e. against any plantings other than native vegetation; and <br /> f. against the erection of structures other than lawful fences or any <br /> improvements authorized by Paragraph 3(a)herein. <br /> 4. Exceptions. The City Council of the Town may authorize exceptions to the <br /> foregoing restrictive covenants,provided such exceptions are consistent with the purposes <br /> of law and not incompatible with maintaining and preserving the natural character of the <br /> land. <br /> 5. Restrictions on Public Use. The public shall not have a right of entry upon <br /> the Property. The right of entry and surface use is limited solely to the Town,but only for <br /> the purpose of inspection of condition of the Property. <br /> Resolution 50-17 Page 3 <br />
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