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17-99
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Last modified
12/12/2014 3:43:53 PM
Creation date
12/11/2014 4:29:47 PM
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Resolutions
Number
17-99
Date
1999-04-15
Description
Approving and Authorizing Execution of the Agreement for Conservation Easement between the Town of Los Altos Hills and Lap M. Yam and Rosa W. To
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i • • <br /> 1. Grant of. Conservation Easement. Owners, as grantors, hereby grant a <br /> conservation easement to the Town of Los Altos Hills, a municipal corporation, County of <br /> Santa Clara, State of California, over the real property described and shown as Exhibit B, <br /> attached hereto (the "Property"),to have and to hold said conservation easement for the <br /> 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 conservation easement <br /> are made and entered into pursuant to Civil Code Sections 815 through 816 and Chapter <br /> 6.6 commencing with section (51070)of Part 1, Division 1,Title 5 of the Government Code. <br /> This Agreement is subject to all of the provisions of said sections and chapter including any <br /> amendments thereto 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 within <br /> the Property except for public and private utilities easements and paths dedicated to the <br /> Town, provided these reserved exceptions shall be consistent with the purposes of law and <br /> shall not permit any action which will be incompatible with maintaining and preserving the <br /> natural or scenic character of the land and, provided the existing fencing on the date of this <br /> Agreement may remain; and <br /> b. against the extraction of natural resources or other activities which <br /> may destroy the unique physical and'scenic characteristic of the land; and <br /> c. against the grading of land otherthan attendant to 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 riparian species. <br /> Provided that, a retaining wall to the extent existing on the date of this agreement and an <br /> expansion leach field, if required by the County Health Department, are permitted. <br /> The City Council of the Town may authorize exceptions to the foregoing restrictive <br /> covenants, provided such exceptions are consistent with the purposes of law and not <br /> incompatible with maintaining and preserving the natural character of the land. <br /> 2 N:\DATA\Clients\L\LAH\Projects\Yam&To\conserv.eas <br />
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