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76-03
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76-03
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Last modified
11/21/2014 3:22:43 PM
Creation date
11/21/2014 3:21:35 PM
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Resolutions
Number
76-03
Date
2003-10-02
Description
Approving Agreement for Conservation Easement (Lands of Shantz and Simon)
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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, and Chapter 6.6 commencing with Section <br /> 51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject <br /> to all of the provisions of said sections and chapters including any amendments thereto <br /> which may 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 /> Owners, for the direct benefit of the Property described herein, hereby declare 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 Owners 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. <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 <br /> for the purpose of inspection of condition of the Property. <br /> #650588v1 <br />
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