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95-03
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95-03
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Last modified
11/25/2014 11:44:57 AM
Creation date
11/25/2014 11:44:05 AM
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Resolutions
Number
95-03
Date
2003-12-04
Description
Approving Agreement for Conservation Easement (Lands of Kerns)
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, <br /> IV I 4110-') <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. Except as expressly provided for herein, <br /> during the term of this Agreement and the conservation easement granted herein, the <br /> Property shall not be used for any purpose other than a conservation easement and those <br /> uses related to or compatible therewith. Owner, for the direct benefit of the Property <br /> described herein, hereby declares that the Property shall be subject to restrictive <br /> covenants running with the land which shall be binding upon all subsequent grantees and <br /> 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 <br /> dedicated to the Town and/or an approved septic system, provided these <br /> 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 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 <br /> measures; and <br /> e. against any plantings other than native vegetation; and <br /> f. against the erection of structures other than those specifically <br /> allowed pursuant to Section 4. <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 /> #671682v2 <br />
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