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10-05
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Last modified
11/3/2014 4:58:01 PM
Creation date
10/31/2014 4:34:51 PM
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Resolutions
Number
10-05
Date
2005-02-03
Description
Approving and Authorizing Execution of an Agreement Between the Town of Los Altos Hills and Lands of Malek
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r t • ID, <br /> 1. Grant of Conservation Easement. Owner, as grantor, hereby grants a <br /> conservation easement to the Town of Los Altos Hills, a municipal corporation, County <br /> of Santa Clara, State of California, over the real property described and shown as Exhibit <br /> A, (the "Property"), to have and to hold said conservation easement for the term and for <br /> the purposes and subject to the conditions, covenants, and exceptions described herein. <br /> 2. Statutory Authorization. This Agreement and grant of conservation <br /> easement are made and entered into pursuant to Chapter 4 commencing with Section 815 <br /> of Part 2, Division 2, Title 2 of the Civil 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 /> conservation easement granted herein, the Property shall not be used for any purpose <br /> other than a conservation easement and those uses related to or compatible therewith. <br /> Owner, for the direct benefit of the Property described herein, hereby declares that the <br /> Property shall be subject to restrictive covenants running with the land which shall be <br /> binding upon 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 /> and/or an approved septic system, provide these reserved exceptions shall be consistent <br /> with the purposes of maintaining and preserving the natural or scenic character of the <br /> 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 measures; and <br /> e. against any plantings other than native vegetation; and <br /> f. against the erection of structures other than lawful fences. <br /> 4. Exceptions. The City Council of the Town may authorize exceptions to <br /> the foregoing restrictive covenants, provided such exceptions are consistent with the <br /> purposes of law and not incompatible with maintaining and preserving the natural <br /> character of the land. Notwithstanding anything in this Agreement to the contrary, <br /> Section 3 shall not prohibit the installation of site drainage improvements as approved by <br /> the City Engineer and Planning Director and the planting of a vineyard on the westerly <br /> side of Lot 3 near the swale. <br />
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