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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 />Exhibit B and Exhibit C, (the "Property"), to have and to hold said open space easement <br />for the term and for the purposes and subject to the conditions, covenants, and exceptions <br />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 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 underground public and private utilities (excluding solar <br />panels), paths dedicated to the Town, a vineyard, approved drainage installations, sanitary <br />sewer installations or an approved septic system, and maintenance of these improvements, <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 or placement of retaining walls for <br />structures and reasons other than attendant to permitted uses including but not limited to <br />drainage improvements, septic fields, underground utilities, and placement of fill to reduce <br />export of soils; 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 />C. against any plantings other than native vegetation and a vineyard; <br />and <br />f. against the erection of structures other than any improvements <br />authorized by Paragraph 3(a) herein. <br />Resolution 18-22 Page 3 <br />