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70-99
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Last modified
6/23/2016 10:12:35 AM
Creation date
2/20/2015 2:50:49 PM
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Resolutions
Number
70-99
Date
1999-12-02
Description
Approving and Authorizing Execution of an Agreement for Conservation Easement Between the Town of Los Altos Hills and Bert E. Loughmiller and Kaye S. Loughmiller, Trustees of the Loughmiller Living Trust Dated December 20, 1994
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• • • <br /> NOW, THEREFORE, the parties, in consideration of the mutual <br /> covenants and conditions set forth herein and the substantial public <br /> benefits to be derived therefrom, do hereby agree as follows : <br /> 1. Grant of Conservation Easements. Owner, as grantor, hereby <br /> grants conservation easements to the Town of Los Altos Hills, a <br /> municipal corporation, County of Santa Clara, State of California, over <br /> the real property described and shown on as Exhibit B hereto (the <br /> "Property") to have and to hold said conservation easements for the <br /> term and for the purposes and subject to the conditions, covenants and <br /> exceptions described herein. <br /> 2 . Statutory Authorization. This Agreement and grant of <br /> conservation easements are made and entered into pursuant to Civil Code <br /> Sections 815 through 816 and Chapter 6.6 (commencing with section <br /> (51070) of Part 1, Division 1, Title 5 of the Government Code. This <br /> Agreement is subject to all of the provisions of said sections and <br /> chapter including any amendments thereto which may hereafter be <br /> enacted. <br /> 3 . Restriction on Use of Property. <br /> During the term of this <br /> Agreement and the conservation easements granted herein, the Property <br /> shall not be used for any purpose other than conservation easements and <br /> those uses related to or compatible therewith. Owner, for the direct <br /> benefit of the Property described herein and of the Owner, hereby <br /> declares that the Property shall be subject to restrictive covenants <br /> running with the land which shall be binding upon all subsequent <br /> grantees. Said restrictive covenants shall be: <br /> a. against the right of Owner to , construct any <br /> improvements on or within the Property except for public and private <br /> utilities easements and paths dedicated to the Town and the existing <br /> driveway and parking bay permitted by the Town, provided these reserved <br /> exceptions shall be consistent with the purposes of law and shall not <br /> permit any action which will be incompatible with maintaining the <br /> preserving the natural or scenic character of the land; and <br /> b. against the extraction of natural resources or other <br /> activities which may destroy the unique physical and scenic <br /> characteristic of the land; and <br /> c. against the grading of land other than attendant to <br /> permitted uses; and <br /> d. against the cutting of vegetation, except as may be <br /> required for fire prevention, thinning, elimination of diseased growth, <br /> and similar measures. <br />�I . <br /> 2 3\1ah\re\lou-ce.agm <br />
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