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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 subject to all of the <br />provisions of said sections and chapters including any amendments thereto which may <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 subj ect 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 (excluding solar panels), paths <br />dedicated to the Town, approved drainage installations, sanitary sewer installations or an <br />approved septic system, and maintenance of these improvements, provided these reserved <br />exceptions shall be consistent with the purposes of maintaining and preserving the natural <br />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 including but not limited to drainage improvements and underground <br />utilities; and <br />d. against the cutting of vegetation, except as may be required for fire <br />prevention, thinning, elimination of diseased growth, removal of invasive or non-native <br />species and similar measures; and <br />e. against any plantings other than native vegetation; and <br />f. against the erection of structures other than any improvements <br />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 />Resolution 11-19 Page 4 <br />