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HomeMy WebLinkAboutMINUTES - 01011972 - 1972 Agric Preserves 1972 Agricultural Preserves S STORED: REII, # TINDE% # o� _MAP #� BOX #,_ am 6W m.42 14642 RECOR► AT REQUEST OE CONTRA COSTA COM FEB 20 1973 rJEB 20 :1911:11" , O'CLOCK CQ COST:� L'uUHTY a OROS W. T. PAASCH + COUNTY RECORDER FEE $ oF, FL BOARD OF SUPERVISORS 'CONTRA COSTA COUNTY CALIFORNIA Re: Establishing Agricultural Preserve No. 15-73 and ; RMLUTION Me 73/67 Authorizing Lnonse vation Contract(s). ) _ ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves) and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 180 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub— mitted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent .with the Contra Costa. County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: ( , Agricultural Preserve No. , Is-7i_ Owner AvEliratiopn No.. iMamie Andrade 1725-RZ ,3 ,>r IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. ` :eA7Jt1!!1) CUP1' PASSED and ADOPTED on J a mi a r V_?�. g�3._• ••.J1tbm t6i•i.a I10, irw tat oorr.ct saf„of xt. r •tiJI fS OC.rr'n.rt��iCll i• on ,i�i in wsJ W��+rA,.ON �/ ' t . • —ed&J•:n,tT 1Jo�rd o�.8.ptr• C.Ci: Planning ,/� •. J,Q petrConlra Marne tL'e j'e.a' m. tL - Assessor SFp.1. ASF Date sko.". .4:►oT"S : W. 1 PAASCH.r R County Counsel !,,: c; s-lid Beard of 6r ani«rrti j, ': Recorder & File RESOLUTION NO. 731fi7 N 2 3 1973 T `t ;.i RESOLUTION NO. 3 to m LAND CONSERVATION CONTRACT c ac 1. Parties. BY THIS CONTRACT, made and entered into the day of 19MAMIE ANDRADE ca hereinafter referred to as 'OWNER", and the County of Contra Costa, a Alb political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- • Boor 686? PAtE244 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. lkl and_7467_- 7. .7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. —2— ! aw 6867 X245 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the and that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- ' � 800ii 6867 PACE246 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- ' F . aooK 6867 pacE247 12. Eminent Domain Proceedings. Upon the filing of any action., in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent damain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (1001) of the equalized assessed value of the real property described in Exhibit A, as established by the County _5- aoor 6867 FACE248 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- u �ooK 6867 FAcE249 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- acaK 6567 FAGE250 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST 41# Cl rk of Board By " C an, cors O ER r��r VLl/YV4�� Mamie Andrade rt S • c We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. ` THE FEDERAL TAND BANK OF BERKELEY B VI_ ��� Ps,gistant ,90 President Approved as to Form: JOHN B. CLAUSEN, County Counsel t7OTE: All signatures must be acknowledged. Deputy -8- -1-70 CT CD t4 C. 10 rAff y m d � , �O O :° Z � � O�, ti co M ff tv t-J co V, 1%4 to C') 0 fpA V& CT t� � � �w� o G ci Lo 0 0 0 0 A p % 0 to 0 ri 24; P 0 rl 0 ri CT k.. 0 9 OB 0 ri CT to 6867 FAGE252 Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of one pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 r ' � � Mamie Andrade . - . . aoo�6867 muE256 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED, DESCRIBED AS FOLLOWS : SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 1 EAST, 14OUNT DIABLO BASE AND MERIDIAN, CONTAINING 160 ACRES, MORE OR LESS. NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 1 SOUTH,. RANGE - 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, CONTAINING 160 ACRES, •MORE OR LESS. SOUTH 1/2 OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, CONTAINING 80 ACRES, MORE OR LESS. SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, CONTAINING 160 ACRES, MORE OR LESS. SAVINGS AND EXCEPTING THEREFROM THE MINERAL RIGHTS GRANTED IN THE DEED FROM FREDERICK SANGMASTER TO THE TASSAJARA COAL MINING COMPANY, DATED AUGUST 9, 1875, RECORDED AUGUST 11, 1875 IN BOOK 28 OF DEEDS, PAGE 395. k • I i 1 SCHEDULE 1 • , ._ 1725-RZ Me Contra Costa County Land Conservation Contract No. NO067 FAcE254 EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d), (a), (f) , (q) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are persitted, subject to the provisions of County Ordinance Code Section 8107: NONE 2. Existing Conforming Structures 1 house, 1 barn and 1 shed 3. Proposed Structures NONE 4. Existing Land Use Grazing of livestock S. Proposed Land Use Grazing of livestock 'SND OF DOCUMENT' _' 1, 1970 STATE OF CATORNIA, COUNTY OF#ONTRA COSTA In the Matter of Publication of legal notice - Public Hearing Affidavit of Publication before Contra Costa County Board of Super— NOTICE OF PUBLIC HEARINGS BEFORE.THE CONTRA COSTA COUNTY BOARD OF SUPERVISOF visors on Rezoning Platters. P.O. 664 I - ONRE7.ONINGMATTERS NOTICE is hereby given that on Tuesday, January STATE OF CALIFORNIA ) 1973 at 2:00 p.m.in Room 107 of the County Administra Building, Corner of Pine and Escobar Streets, Martis County of Contra Costa ) California, the Contra Costa County Board of Supervil will hold public hearings to consider recommendation Wm. Ketsdevez' ..... being duly sworn, the Contra Costa County Planning Commission an deposes and says, that all times herein named he was and now is a following applications to rezone land. citizen of the United States of America, over the age of eighteen The locations of the applicants' lands are within years, and a resident of said County of Contra Costa. That he is not, unincorporated territory of the County of Contra Co nor was he, at any of the times hereinafter named, a party to the State of California, generally identified as follows (m above entitled proceedings, or interested therein, and that all of said precise descriptions may be examined in the Office of Director of Planning, County Administration Build offimans Martinez, California:) t`mes he was. and now L the ..........of ..------..........._$...er...................». of THE VALLEY PIONEER, a newapaper printed, published and cfrcu- Manuel Andrade,et al., 1650-RZ, 13.20 acres,more or located approximately 400 feet west of Tassajara Rost laced in said Contra Costa County, and as such ..office mEK- _ the Contra Costa-Alameda County Line, in the Tam' area, from General Agricultural District (A-s) .................... he had charge of all advertisements in said newpaper. Agricultural Preserve District (A-4). That the said Valley Pioneer is a newspaper of general circulation loc in the said County of Contra Costa, published for the dissem- atomic Andrade.t the north end of Finley Z, 560 acres, more or less,k e n< naticn of local and telegraphic news and intelligence of a general at Road,approximately l mi character, having bona fide subscription list of paying subscriber of ne Tassajara Ag Road, i l the Morgan Territory area, and which has been established, ranted and published in said coup General Agricultural District (A 2) to Agrieultt P P county Preserve District (A4). for more than two years last past, and which is net devoted to the profess°on, trade, calling, race or denomination, or any number there- Wilbert&Helen Perry&William Perry Silva, 1670-RZ, of. acres,more or less,located on both sides of Johnston" le al notice at its most easterly terminus,in the Tassajara area, That the ......................... ............................................ General Agricultural District (A-2)- to Agrkultu Preserve (A-4). Rosa M.Silva, 1684-RZ,268.68 acres,more or less,troll of which the annexed is a printed copy, was printed and published in approximately 3585 feet on the south side of Johnston Re the regular and entire issue of every number of said paper during approximately 1780 feet east of Tassajara Road, in Tassajara area,from General Agricultural District(,A the period and tunes of publication for....O21e........consecutive weeks, Agricultural Preserve District (A4). to-wit: from the................ Td day of....._...__Jari. ?3 George D. Jr. & June A. Mallory, 1720RZ, 408.71 ac ........... 19...»._. more or less,located on the cast side of Morgan Territ to and until the.......................... ...........da of........................ Road, approximately 1.5 miles north of the Contra C- to ..............19........ Alameda County Line,in the Morgan Territory area, both days included, and as often during said period as said paper General Agricultural District (A-2) to AgrieulU Preserve District (A-0). L�{ Jan. 3, 19 73 By order of the Board of Supervisors of the County of.C Costa, State of California. J I j 10) I9 i j DATED: December 5, 1972 p� ] W. T. PAASCH, County Clerk and ex officio Clerk of W. T. PA ASC H Board of Supervisors of the County of Contra Carta,Stat SUPERVISORS California NTRA COSTA O. By Aileen Elder Dep By _ Deputy Clerk VP-1 Jan.3,1973 POW That said notice was published in the newspaper proper and not in a supplement. Subscribed and sworn before me this ) . .....I... th.........day of ........Jan•...................i9---71. ) Notary public in and for the County of Contra Costa. Slate of California. NOTICP OP PIVIL,IC HEARINGS REPORE TFIR CONTRA COST,i COUNTY BOARD OF SUPERVISORS ON RE7011ING MATTERS NOTICE is hereby given that on Tuesday, January 23, 1973 at 2 :00 p.m. in Room 107 of the County AdministrAtion Ruildini-, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Aodrd of Supervisors will hold public hearing's to consider recommendations of the Contra Costa County Planning Commission on the following; applications to rezone land; The locations of the applicantst lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California: ) Manuel Andrade, et al. , 1650-RZ, 13.20 acres, more or less, located approximately 400 feet west of Tassajara Road at the Contra Costa-Alameda County Line, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-11. ): Mamie Andrade , 1725-RZ, 560 acres, more or less, located at the north end of Finley Road, approximately 1 mile north of Tassajara Road, in the Morgan Territory area, from General Agricultural District (A-2•) to Agricultural Preserve District (A-4). Wilbert & Helen Perry k William Perr Silva, 1670-R7., 2T acres, more or less, located on both sides of Johnston Road, at its most easterly terminus, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve (A-4)- Rosa M. Silva, 1684-RZ, 268.68 acres, more or less, fronting approximately 3585 feet on the south side of -Johnston Road, approximately 1780 feet east of Tassajara Road, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). George D. Jr. & June A,' Mallory, 1720-R7., 408.77 acres, more or less, locateTon the east side of Morgan Terri- tory Road, approximately 1.5 miles north of the Contra Costa-Alameda County Line , in the Morgan Territory area, from General Agricultural District (A-2) to Agricultural' Preserve District (A-4). By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra Costa, tate of California By Ai een Elder Deputy Clerk 172$-Rz Nam" Andrade (Applicant 8 Owner) 1. Act: 560 acres. 2. Location: This site is located in the Tasajara area and lies within Be MrAaaon Valloy High School and Elementary School Districts. It lies outside the proposed sphere of influence of any city. 3. Tapo�zaph_y: The terrain consists of rolling hills. 4. Zona General Agricultural (A-2). S. Land Use G Value: The site is used for the grazing of livestock. We-assessed value of the property is as follows: Lana: $19,200 Improvements: 1,040 6. General Plan Desi tion: The Land Use and Circulation Plan for 1963 - recommiends Ritensive Agricultural. 7. Buildings: Existing structures include 1 house, 1 barn, and 1 shed. 8. The environmental impact study is attached to this report, It recommends approval. 9. Comments: This application has been reviewed by Mr. Paul Lamborn, �ty Fara Advisor; by Messrs. ,Toe Swic•good and Frank Ascatigno of the County Assessors Office; and by the staff of the Planning Department. All reviewers of this application have recommended approval. 10. Staff Recommendation: Approval. Vrisiir vi sssssssrrsssss�!VIA WAdFA Il/. ORA 0 ���t►��irr/�WW►r�A J F 0%//�/ 105 MAN �5aiii� .iii ow A WAWAWA iirer/rWIM i� ��� •- •moi OAF riii►ii rim ,� iri;�iviiiriiii�ri►r 5w ,,�/ Z 114PACT STATEMENT _ � " EN�1RpNN►ENTAL -.�1 d Nil rade �� �n`—�, .�;��:---�,t,�•,; mie sAk ` / .�� �-.�.�.,��. �- ..._S� _.moi/. t� •>^ '•' C /lid/ i �i ' �t�i �f j� \ (•� .t �'f/ i,.' _;\ J ^�fj V.•� ` �`�`"� t r'r`-� ` � -;-^t -- "• _ -' ..f'. /,.--• � Spret�t4 :19�..,I t + �`' '+ ,-�S\` <\ 1,."•;i„""..-� `\ \�. !. ,,�. �J,r„f f::/�/ /r, � {�.�_ ."'{t J�_�,..�•),/.,,.�t.,�r ,�\��,. 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PROJECT DESCRIPTION A. APPLICATION The applicant-owner, Mamie Andrade is applying to rezone 560 acres from General Agriculture (A-2) to Agricultural preserve (A-4) . The property is located on Finley Road, north of Tassajara Road in the southeast portion of the county. B. REASON FOR APPLICATION The applicant desires a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of her property in agricultural use under the terms of the California Land Conservation Act of 1965. C. ASSOCIATED PROJECTS The study site is surrounded by agricultural land zoned A-2. Other agricultural preserves are located in the immediate vicinity, north and east of Finley Road. D. AREA DESCRIPTION The property is presently used for livestock grazing. Existing , structures include one house, a barn and a shed. Topography consists variously of rolling hills, steep rocky slopes and 'flat alluvial bottomland. Natural drainage occurs through the several branches of upper Tassajara Creek, and flows southward into the Alameda Creek basin in Central Alameda County. Vegetation consists of grassland, Chaparral brush and scattered oak trees on the slopes, with riparian species in the draws and streambeds. There is scattered residential development to the south of the subject property along Finley Road, however there is no other development in the vicinity. II. ENVIRONMENTAL IMPACT OF PROPOSED ACTION A. BENEFICIAL Rezoning of the site to agricultural preserve would create no change in the present agricultural land use of the property. An agricultural perserve tends to discourage premature cond- ersion of agriculture land to other uses, and indicates recog- nition of the value of these lands for food production and retention of open space. Similarly, A-4 rezoning retains a land use which is compatible with adjacent agricultural preserves. Continued use of the site for agriculture will preserve existing vegetation and natural drainage, thereby reducing erosion, downstream sedimentation and flood potential. 1 i B. ADVERSE Classification in agricultural preserve will cause a loss of property tax revenue to the County; however, the State reimburses this loss through agricultural preserve subvention. III. ADVERSE ENVIRONI41ENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED None. The rezoning does not involve a change in land use which might have an adverse environmental effect. IV. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT None. (See above for tax losses.) V. ALTERNATIVES TO THE PROPOSED ACTION A. No action. The applicant might continue to use the land for grazing, dry farming, and other commercial agriculture purposes under the same (A-2) zoning. B. In retaining the existing A-2 zoning, the applicant might find it desirable to rezone the land for residential or other uses. This would require construction of buildings and other structures on the property. C. With existing A-2 zoning, the applicant might also want to minor sub- divide the property into parcels which would be uneconomic for agricul- tural pursuits. A number of minor subdivisions already exist along Finley Road South of the subject parcel. Minor subdivision often leads to intensive residential development in agricultural areas. VI. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY One of the intents of the Land Conservation Act is to remove land from speculative-type development. . By retaining the land in an agricul- tural preserve under its present use, the potential for speculative development is removed. This restriction on change of land use is for a minimum of 10 years, but may continue indefinately if the land- owner applies for renewal of his contract. Retention of applicant's property in agriculture is in conformance with the 1963 County General Plan which indicates extensive agricultural use for land in this area. VII. IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED None. The application does not propose a change in land use; therefore there would be no irreversible environmental changes. 2. or • VIII. GROWTH-INDUCING IMPACT OF THE PROPOSED ACTION None. The primary purpose of an agricultural preserve is to preserve land for productive agriculture. Because this reduces the probability land will be converted to more intensive uses, the impact is growth- retarding rather than growth-inducing. IX. BOUNDARIES OF THE AREA THAT MAY BE SIGNIFICANTLY AFFECTED BY THE PROPOSED ACTION The creation of this and other agricultural preserves in the vicinity acts as a barrier to intensive development in the region. The affected area is the upper Tassajara Creek drainage basin inter- sected by Tassajara, Finley, and Highland Roads. X. QUALIFICATION OF THE EIS PREPARATION AGENCY This Environmental Impact Statement has been prepared by County Planning Department staff. Consultants on the existing use of this site, and continuance of this use, have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno -of the County Assessor's Office. • JG/clw 3. 1 r Resolution No. 76-1972 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, ISTATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED 11CHANGE BY MAMIE ANDRADE (APPLICANT AND OWNER), (1725-RZ), IN THE ORDINANCE CODE IfiSECTION PERTAINING TO THE PRECISE ZONING FOR THE MORGAN TERRITORY AREA OF SAID (;COUNTY. 1 WHEREAS, on September 17, 1968, the Board of Supervisors of the County lof Contra Costa, California, by Resolution No. 68-635, established rules and procedures for the establishment of Agricultural Preserves and the execution of } land conservation agreements; and WHEREAS, a request by MAMIE ANDRADE (1725-RZ) to rezone land in the Morgan Territory area from General Agricultural District (A-2) to Agricultural Preserve District (A-4), was received on September 15, 1972; and WHEREAS, the Planning Department reviewed the aforementioned application F land finds that this application meets the Land Conservation Agreement standards and conforms to the uses allowed in an A-4 District and thereby recommends to the Planning Commission of the Count of Contra Costa that this � g Y > California, application be APPROVED as submitted; and WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the Planning Commission on Tuesday, November 14, 1972, _ a whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated all the testimony and evidence submitted in this matter; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission recommends, lard they do hereby recommend to the Board of Supervisors of the County of Contra Costa, that the rezoning request of MA14IB ANDRADE (1725-RZ) be APPROVED as to the change from General Agricultural District (A-2) to Agricultural Pre Iserve District (A-4), and that this zoning change be made as is indicated on the findings map entitled: RECOMMENDATION FOR A PORTION OF MT. DIABLO DIVISION, ` 1 SECTORS 5 & 8, CONTRA COSTA COUNTY, CALIFORNIA, which is attached hereto and f ;made a part hereof; and t 1€ f 4� f Resolution No. 76-1972 . BE IT FURTHER RESOLVED that the Planning Commission further recommends` that the Board of Supervisors sign a contract with the property owner as. a requirement to establishing a Preserve; and BE IT FURTHER RESOLVED that this recommendation be approved because (1) this application for change from A-2 to A-4 conforms to the Land Use and Circu- lation Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resolu tion and deliver the same to the Board of Supervisors all in accordance with the provisions of the Conservation and Planning Law of the State of California. ' An instruction by the Planning Commission to prepare this resolution -1-n«k corporating the above and aforementioned was given by motion of the Planning. (t Commission at a regular meeting by the following vote: ( AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, ( Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. I, William L. Milano, Chairman of the County Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law. on November 21, 1972 and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Jeha,-Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. 7 1% ATTEST: �� Chairman of the PlandngComnission. of the County of Contra Costa, State of California cretry olf the Planning Commis�?on' of the County of Contra Costa, State of California f� 11 i •----- � f • f A� 2/ A- 1 R EM A I N 1 ' MT DIAB 0 N' I 1 ` jk4 I � i I i f i ;vri. t S ' :� :,�i i - :v t. -'� ti s .!, I'i ''� !R' -�, •A �� r�Ull��i�111� i 4.� s aY���x� 'sr• i r.:'" ,� ,h� „r •t �`=��"r" v �� €�a��, ?; {'1F �f� �, '"� �, � ti = -��*�"� „s. -..-t ,� r'tt.... ..;ti"•/"A :Y.�:Y�a:�J�ew�e� y'�=' i • SCALE IN FEET `~'''�� s loo 0 2000 ..Cs. -etr of Mimi : . Soo 1000 M, � .ANDR DE « 1.72S-RZ - n Ej r r TTT/ I ! ' F?EAi REAS l 7 r __.._. . / •'/ �, r r• f i' ,,. i ,r � i. 7 It A Z 1"0 A - 4- I t _KEN[A TN � 1 r I t - I I 'i$t s��' ,-,fir• �j:rf51' A $ . IS 10 NSECTORS S -8 W OR NIA -rte, ��^" ,a• .,_ . '�. A PORTION OF N FEET t 2000 1004 .. FIND NGS ..MAP. R AT REflI W 4F FEB 26 1913 1681 FE8 a 61973 x AT//•f uS clOGx � Q� G�i(M GOTTA C,OIJN�► II�00� W W. T. PAWN COUNTY RECORDER BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,, CALIFORN Re: Establishing Agricultural ) ✓ Preserve No. _ and ) ,IRESOLUTION N0. 73JU. Authorizin Lan Conservation ) Contract(s5. ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural --,. Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent .with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. ,1771 Owner Application No. L nch Ranch & Development Co . 1736-RZ eorge D. Mallory, Jr. and 1720-RZ ✓ June A. Mallory 9� IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on January 23 , 1973 `x"r'tr'AID COP1 1 wrti/, that tai.i.a Ion, (rw xipinal dot:a....j t.!ioA i. on �il. in s, 011i•., anc cc: Planning t�a1;t.a,pae.td&aJ"'J.d 4 tb. Rcard o'St p,, .i.ort o/ l.ontra Ce,.I,j Cornj,• C4410 nio, on tit Assessor da:..Lo-n, a7ZLST. ::. T-PAASCH CountCount Counsel a penny•�•t; y / ..`o/%eio d..1 a/ paid Bond e/ Sar.niet.,b• Recorder & File ►/ +•w, -I-lk RESOLUTION NO. 73/69 O - a- �..... .. .. .. .F 1973 aoo� 6872 PAcE507 RESOLUTION NO. rp . LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of February 1973, BEORGE D. MALLORY, JR. , AND JUNE A. MALLORY, hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached 'hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -I- • d00i(68 PACE508 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the tens, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code comencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and 4100 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the teras and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- . hof 6872 Fa509 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 1913 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Goverment Code and upon a finding by the Board of Supervisors that such cancellation is -3- BOOK 6872 FACE510 not inconsistent with he purposes of the Land conservation Act, and in the public ir.,erest. w:. is understood by the parties that the existence of an oppar'-unity for a:--the. -ase of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- BOOK 6872 PA411 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- ' . ® aoN6872 Po512 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in T. this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the Counter may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Hoard of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- �S # f aoor 6872 PAcE523 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. j 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its z use contained herein. 16. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- v .STATE OF CALIFORNIA, wnM 68 7f 51.4 —A COUNTY OF CONTRA COSTA nN January 10 ILL,3 before me, undersigned, a Notary Public in and for said State, personally-apps' w G . MALLORY, JF?. , �"�?1E P_D-�E t ' TORY, `F IE J,,% i IARCIEL, MARY G. HARDIMAN and CHARLES I. HARDIMAN JR. _known to me, OFFICIAL. SEAL to be the person s whose names are subscribed to the within Instrument, "t BEN F. 14ARTINGER and acknowledged to me that—the Y executed the same. NOTAFYPUBUC CALtFCRNIA 1 CONTRA COSTA COUNTY WITNESS my h Official Se ~..*•' AtyCommission ExpiresDec.6,1476 BE:` F. HARTINGER Notary Publi and for said State. ACKNOWLEDGMENT—Genesi—Wolcotts Form 131--Rev.361 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORP. .- • Boos 6872 PAGE514 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA , ATTEST 4A �. Clerk of and ByA6 Chkitmen,- Bo Supervisors OWNS �I u t We the undersigned trust deed or other encumbrance holders do hereby agree R to and agree to be bound by the above imposed restrictions. • Approved as to Form: JOHN B. CLAUSEN, County Counsel 2JOTE: All signatures must be acknoMledged. By Deputy �d - -8- 7-1-70 4: eoa 6872 PA615 Rz Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below :r is designated as the subject of said Contract. Said land is u x described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 :h 4 T . aoo�6872 PASF516 Prepared by Contra Costa County Planning Dept. Authorized by: -cif George Mallory, Jr. EXHIBIT "A" Those parcels of land in the County of Contra Costa, State of California, described as follows: Parcel One "f Parcel "B" as shown on the Parcel Map, M--4. #107-69, filed August 27, 1969 in Book 10 of Parcel Daps, at page 15, Contra Costa County records. Excepting Therefrom: 1. Easement for roadway and utility purposes granted in deed: To Mary G. Hardiman Recorded July 30, 1971 Book 6444 Page 164 2. Easement for roadway and utility purposes designated on the map herein referred to as "Proposed 60' R/W over existing road." Parcel Two The south half 6f Section 29, Township 1 South, Range 2 East, Hount Diablo Base and Meridian. r Excepting Therefrom: That portion thereof described in the deed from Mary G. Hardiman to Eugene J. Gleese, et ux., dated December 14, 1951 and recorded February 7, 1952 in Book 1888 of Official Records, page 294. SCHEDULE 1 Contra Costa Count Land Conservation Contra No. .. Y EXHIBIT B ALLOWABLE LAIID usEs Boos 6872 PAZI Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of Which this exhibit is made a part, the land uses and structures described below are authorised without a land use permit subject to the teras and conditions set forth below. Said uses and struetures- shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d), (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-confozming Structures The following non-confozaiag structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures 3. Proposed Structures �r 4. Existing Land Use 5. Proposed Land Use Revised July 1, 1970 END OF DOCUMENT STATE OF CAIWORNIA, COUNTY OFIVONTRA COSTA In the Matter of Publication of legal notice - Public Hearing Affidavit of Publication before Contra Costa County Board of Super- NOTICE OF PUBLIC HEARINGS BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISOM visors on Rezoning Matters. P.O. #33664 1 . ON REZONING MATTERS NOTICE is hereby given that on Tuesday, January STATE OF CALIFORNIA ) 1973 at 2:00 p.m.in Room 107 of the County Administral Building, Corner of Pine and Escobar Streets, Martin County of Contra Costa ) California, the Contra Costa County Board of Supervis Wm. Ketsdeverwill hold public hearings to consider recommendations ................................................................. being duly sworn. the Contra Costa County Planning Commission on deposes and says, that all times herein named he was and now is a following applications to rezone land. citizen of the United States of America. over the age of eighteen The locations of the applicants' lands are within years, and a resident of said County of Contra Costa. That he is not, unincorporated territory of the County of Contra Com nor was he, at any of the times hereinafter named, a party to the State of California, generally identified as follows (m above entitled proceedings, or interested therein, and that all of said precise descriptions may be examined in the Office of Director of Planning, County Administration Builth t'mes he was, and now is the ..........office. ...mb anB er Martinez, California:) ................ ............ ............. of THE VALLEY PIONEER, a newspaper printed, published and circu. Manuel Andrade,et al., 1650-RZ, 13.20 acres,more or' office m located approximately 400 feet west of Tassajars Rost lated in said Contra Costa County, and as such ......................... .... the Contra Costa-Alameda County Line, in the Tamura area, from General Agricultural District .................... he had charge of all advertisements in said newpapw. Agricultural Preserve District (A4). That the said Valley Pioneer is a newspaper of general circulation in the said County of Contra Costa, published for the dissem. Mamie Andrade. 1725-RZ, 560 acres, more or less,lova naticn of local and telegraphic news and intelligence of a general at the north end of Finley Road,approximately 1 mile no character, having bona fide subscription list of paying subscribers of Tassajara Road, in the Morgan Territory area, and which has been established, anted and published in said coup General Agricultural District to-2) to Agriadtu P p 7 Preserve Distrito (A4). for more than two years last past, and which is nct devoted to the profess?on, trade, calling, race or denomination, or any number them Wilbert&Helen Perry&William Perry Silva, 1670-RZ, Of. acres,more or less,located on both sides of Johnston- MY at its most easterly terminus,in the Tassajara area, ' _.._ le al notice General Agricultural District (A-2). to Agricultu That the .-•-•----..... ..�.........._..,.._...._.............................. Preserve (A-4). of which the annexed is a ted co was ted and published in Rosa M.Silva.Ni84-114 266.68 acres,more or less,iron_ P Pyr P P approximately 3585 feet on the south side of Johnston Ro the regular and entire issue of every number of said paper during approximately 1780 feet east of Tassajara Road, in Tassajara area,from General Agricultural District(A the period and Wines of publication for...O11e........consecutive weeks, . Agricultural Preserve District (A4). to-wit: from the................ ..day of...........Jana 'r3 George D. Jr. & June A. Mallow. 1720-RZ, 408.77 ac, 19......_ more or less,located on the east side of Morgan TermriG to and until the.......................... Road, approximately 1.5 miles north of the Contra C-............day of......................................19........ Alameda County Linc,in the Morgan Territory area," both days included, and as often during said period as said paps[ General Agricultural District (A-2) to Agrieultu • ® Preserve District (A-4). Jan. 3, 1973 By order of the Board of Supervisors of the County of C Costa, State of California. �1.", 10, DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of W. T. PA ASCH Board of Supervisors of the County of Contra Costa,Cl-r.-SIK BOARD OF t PE:RvIsoas California NTRA COSTA o. By Aileen Elder By Depu > Deputy Clerk VP-1 Jan.3,1973 That said notice was published in the newspaper proper and not in a supplement. Subscribed and sworn before me this } ......I.... .. _ ) 61 Notary public in and for the County of Contra Coskr. State of California. NOTICE OF PUBLIC HEARINGS BEFORE THE CONTRA COSTA COUT,:1 Y BOARD Or SUPERVISORS ON RE"0'�,NII MATTERS NOTICE is hereby given that on Tuesday, January 23, 1973 is at 2:00 p.m. in Room 107 of the County Administration Building_ , Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following applications to rezone land; The locations of the applicantst lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California: ) Manuel Andrade, et al. , 1650-RZ, 13.20 acres, more or less, located approximately 400 feet west of Tassajara Road at the Contra Costa-Alameda County Line, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-11. ). Mamie Andrade , 1725-RZ, 560 acres, more or less, located at the north end of Finley Road, approximately 1 mile north of Tassajara Road, in the TM,organ Territory area, from General Agricultural District (A-2 ) to Agricultural r Preserve District (A-4 ). �1 Wilbert & Helen Perry & William Perry Silva, 1670-RZ, 234 acres, more or less, located on both as of a; Johnston Road, at its most easterly terminus, in the t Tassajara area, from General Agricultural District (A-2) a to Agricultural Preserve (A-4). Rosa hi. Silva, 1684-RZ, 268.68 acres, more or less, fronting approximately 3585 feet on the south side of Johnston Road, approximately 1780 feet east of Tassajara Road, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). George D. Jr. & June A. Mallory, 1720-RZ, 408.77 acres, more or less, located on the east side of Morgan Terri- tory Road, approximately 1.5 miles north of the Contra Costa-Alameda County Line, in the Morgan Territory area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contr Costa, State of C lifornia By Ai en er Deputy Clerk 1720-RZ Gemp and Juns Mallory (Applicants and Owners) I. Ac_+awe: 409.77 acres. 2. bocatiae: 11e site is located in the Morgan Territory area and 1l ** in the Livermore Joint Unified School District. It lies outside the proposed sphere of influence of any city. 3. Togo ra Tito terrain consists of steep hills. 4. Z_ouiRg: General Agricultural (A-2). S. band Use and Vajue: The site is used for the grazing of livestock. We assessed valve of the property is as follows: Land: $16,675 Improvements: 7,630 6. General Plan Desi tion: The Land Use and Circulation Plan for 1 re aeas3-re Agricultural. 7. Buuiild_i_gs.: The e::Isting structures consist of 1 house, 2 cabins and miscellaneous 3ut buildings. S. The environmental impact study is attached to this report. It r+ecaeaends appror•.l. 9. Comments: Mals application has been reriered by Mr. Paul Lamborn, MM-Ey—Yo-a Adv1sor; by Messrs. Joe Swicegood and Frank Ascatipo of the -amty Assessor's Office; and by d1w staff of the Planning - Depv-&Mt. All reviewers of this application have seaoraded approval. 10. -.aff liecenrmdatian: Appmal. ' `ONSAA' �ti�s�t�� , •-� ///.% ///' ISOAKA 10 FEMOMA /////// I � , /� FM �/i� • ,�..i 'ire i��i i • �- ENVIRONMENTAL IMPACT STATEMENT 1720-RZ George D. Mallory, Jr. �i`aa�l / -"i�•V _ �-ti �l \ t-. \� 1.-� � � ��t. 4♦L`�C � • � t!�.'/'.rf'_..-.✓1 tt { ,V -.y.••`�.. \ r,�•\."ryl ':`• 1 l\ �, :,.��L•'.` 1, "� 1;�`\ \ t S-.'.�����.' :�s' t-r. \ _�a t4" _\.f—. {�-t• �=•l � ,:,4 \"\li ! � `.J I�t i.� ! ��; j'i{"/ `i� ` - ." `•- `'!\ _ t-•-� •_ •. rr .•-"��! c-i a. r 7 ) \ t' � ,, :...fit ��\\ . /�� !��l� < `'t�:`.� � �`..r.t �.,.. � ' �♦???S r t '1 }3� t tt! ♦ �^:- t '1 ^.r�L�.-1 (`-`�--fj _.�-a' ,, ,,��_ cr `-fit �t.._- �`- 4 ��'.. t•;,, � .} +y�'� �t�t`)` `�j` r"j' _ i�ltl .^""��'.� i` .�����.��.••�••� - .� ��..,\ ci-. +•�'s r�1�[;. ;,\"'r� C�C'.��•\ � .--��,,,//3/���}� r` .'•1 J�•1s.' _t p♦; �!^',„,^._ r. _-'.Y '�t ~: S'�.,\ '.� ^ `1`L '�t. '�`'11 `•J rs.� } ♦' 1 l� : �_.r"1 t .� .au' — "�..1`i'! rl I`�!.� �� 4_ ,4 v y�('" 1 ,.�♦^�,_i�` i�t �'_'' {\ !er �• f �'\ya,� \� j 'p6,3 sy. �t� •\` •� "_-I'�:n� -�,. :,-- ': ••_" L r•\� 1 t: 1 -` :`� 1 [+� c.. ~�V \-♦� t 'i`�/ �� � �••\ �•,J � r +^.•1 t f�rR. r a tt 1 1 r `t♦� `L, r'Vl 1 .[/�"'♦1 .-J `�p..�♦ IU'�., _ t1 \ 1 \ rmg -w 2091 ��;-:�'\\\ [�� o. r�'`+j7:' % !^ .J;.\=i'r•.`' \'• �"ij�`'.•" l.�.l..'-•,, .i .�•.1� ` •.r-1,•` l{,,,1�`,it��� "�r ',..i'\`++ t \ � � �'l 1'• �»„� '�...��_ .•.. �.7• .r� .\- \'.i T4,�,� .i'�l 't•. .l t\l :i1 �tw•�{l�\\�,�, ,t • \\.. - 1 t a v-'Z i _�♦ !•1 i``l t���`i t\�•r1+ e ,�`.��t �t� `.�. ti`•.4 '. t\ '-^^, .\.*J;•',. ..L./-ri 4':r•-.rte �„�j ..j _rr �.}.� 4♦�•.�" . \ L'^ten �1'•,.-'r--�. . .=1: . �:♦ "` ♦ L <f�r'>>:,'fes , . a. _ 'v . fes._. ':• '—,;1� `,. - <;t f ^�If, ���r�•r�jy r:� i` �.� ��� J,� 1. ..,,w..l. .f"�--moi \. ti \�..t� .l`'t . ^~Z//'r t/ ! ;+.. �"`'x�4,`\Firms- `r . r J y ' i 1 r- 1:•t 1,, -1l ti_�`// !'r \/, r-.. �� w "\ r •Rl t:i t' ^a.. 1\ \1}•Y`.,1,'•s\ c / I r .� ��._. ^t '.^�!`�j\ �� l r�-'l�v .o�t` t L+\`t\♦,� i^•\V . . 4:�i• y /1,�`1.."/ 'j �_. ��� .. ) �/•', \.�` ��rr 1��",'�'ti �`.'��t l\(l �1 `}"�. =.:=•}, ,► v '\.• •r � ��., :II E r ,_' ?;`'"'/���F J •\ 3 � -' t ltjrr L. ��t�\ `♦'t t ♦ `�,�,,'` -r„r. �,��Z=a.-•"..�lr �' 'r' �,,,%�'/ - o�\�'` y_' •�`-"1- ,!4 � ,i }• c � � .t r '1�tttt ti•�, � �• ',\,'+!�"r V r '`��• d„'�`��.-.t tr'a \•T -� t..j '1''..t r�.i •'<,-. ll.�{ (''{1. �s:� `+ ^„� '� � s•-�j%7$4•``.?. ..`t` .+- \,� � ?�'' y,. T�� - r•�' t 1(r.'.'-�7 fr�.. i Ji. LOCATION MAP NOTE: Boundaries of subject property are approximate. (Parcel 74006-070-004-4, & ) (Parcel X006-240-003-1 , Census Tract 3551) ENVIRONMENTAL IMPACT STATEMENT 1720-RZ George D. Mallory, Jr. A. PRELIMINARY REMARKS 1. APPLICATION The applicants, George D. Mallory, Jr. and June A. Mallory, are applying for a rezoning from General Agriculture (A-2) to Agricultural Preserve (A-4) of 408.77 acres located on the east side of Morgan Territory Road, approximately 1.5-miles north of the Contra Costa- Alameda County line in the Morgan Territory area. 2. REASON FOR APPLICATION The applicants state the desire for a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of their property in agricultural use under the terms of the California Land Conservation Act of 1965. 3. ASSOCIATED PROJECTS The west boundary of the site is contiguous with an area of A-3 zoning. The southeast corner of the site joins another agricultural preserve (1297-RZ) . The remaining land surrounding the site is zoned A-2. There is no significant development in the area. 4. AREA DESCRIPTION The topography of the area is.characterized by moderately steep hills (approximately 20% slope) . The drainage consists of a series of intermittently flowing streams. The vegetation is typically open grassland with occasional trees , the latter primarily along stream courses. Oak is the predominant tree. The current land use is livestock grazing. Existing structures consist of one residence, two cabins, and a variety of out-buildings. The site is an integral part of the surrounding landscape. B. ENVIRONMENTAL IMPACT EVALUATION 1. THE ENVIRONMENTAL IMPACT OF PROPOSED ACTION a. Beneficial Environmental Impact The rezoning of the site from A-2 to A-4 would involve no change in 'the present land use. Continued agricultural use will retain the vegetation of the site, will contribute to the food resources of the County, and will maintain a substantial area of open space There are no apparent adverse effects created by this action. b. Adverse Environmental Impact The conversion of this property to agricultural preserve would have the effect of lowering property tax revenues to the local government jurisdictions. 2. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THIS PROPOSAL IS IMPLEMENTED (See Item 1., b. , above.) 3. MITIGATING MEASURES PROPOSED TO MINIMIZE THE IMPACT In accordance with recently enacted legislation, the state will partially reimburse local governments for the loss in tax revenue. 4. ALTERNATIVES TO THE PROPOSED ACTION The alternatives to the proposed action are as follows: a. No action. This would continue the current A-2 zoning. b. Application for subdivision under current A-2 zoning. c. Application for rezoning or issuance of land use permits for other uses. S. TAE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE OF LONG-TERM PRODUCTIVITY The proposed rezoning is consistent with the County General Plan. As the site is located in a general plan area of extensive agriculture. One of the intents of the Land Conservation Act is to remove land from speculation-type development. By retaining the land in an agricultural preserve under its present use, the land will be remove3 from speculation for other type development for a minimum of 10 years. This restriction may be continued on indefinitely. - 6. ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED None. 7. THE GROWTH-INDUCING IMPACT OF THE PROPOSED ACTION None. 8. THE BOUNDARIES OF THE AREA THAT MAY BE SIGNIFICANTLY AFFECTED BY THE PROPOSED ACTION The boundaries of the affected area are those of the site. 9. QUALIFICATIONS OF EIS PREPARATION AGENCY This EIS study has been prepared by the staff of the County Planning Department. Consultants on the existing use of the site and de- sirability of its continuance for this use have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno,of the County Assessor's Office. KW:kac 11-3-72 (Rev.) Resolution No. 77-1972 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUEST CHANGE BY GEORGE D. JR. AND JUNE A. MALLORY (APPLICANT-MNER), (1720-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE MORGAN TERRITORY AREA OF SAM COUNTY. WHEREAS, on September 17, 1968, the Board of Supervisors of the County of Contra Costa, California, by Resolution No. 68-635, established rules and procedures for the establishment of Agricultural Preserves and the execution of land conservation agreements; and WHEREAS, a request by GEORGE D. JR. and JUNE A. MALLORY (Applicant-Owner) (1720-RZ) to rezone land in the Morgan Territory area from General Agricultural District (A-2) to Agricultural Preserve District (A-4), was received on Sep- j� tember 6, 1972; and WHEREAS, the Planning Department reviewed the aforementioned application } and finds that this application meets the Land Conservation Agreement standards ! and conforms to the uses allowed in an A-4 district and thereby recommends to the Planning Commission of the County of Contra Costa, California, that this application be APPROVED as submitted; and JWHEREAS, after notice thereof having been lawfully given, a public hear- ing was held by the Planning Commission on November 14, 1972, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated j all the testimony and evidence submitted in this matter; and E NOW THEREFORE, BE IT RESOLVED that the Planning Commission recommends, and they do hereby recommend to the Board of Supervisors of the County of Contra Costa, that the rezoning request of GEORGE D. JR. & JUNE A. MALLORY (1720-RZ) be APPROVED as to the change from General Agricultural District (A-2) to Agricultural Preserve District (A-4), and that this zoning change be made as is indicated on the findings map entitled; RECOMMENDATION FOR A PORTION OF t 11T. DIABLO DIVISION, SECTOR 9, CONTRA COSTA COUNTY, CALIFORNIA, which is jattached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the Planning Commission further recmznends that the Board of Supervisors sign a contract with the property owner as a requirement to establishing a Preserve; and I t 1 1 Resolution No, 77-1972 BE IT FURTHER RESOLVED that this recommendation be approved because (1) this application for change from A-2 to A-4 conforms to the Land Use and Cir- culation Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resole-I tion and deliver the same to the Board of Supervisors all in accordance with the provisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution incorporating the above and aforementioned was given by motion of the Planning iCommission at a regular meeting by the following vote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. AYES: Commissioners - None. ABSENT: Commissioners - None. I, William L. Milano, Chairman of the County Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ! ABSENT: Commissioners - None. ATTEST: Chairman of the Plannftg Commission of the County of Contra Costa, State of California 1 S re ary ol the/Planning Com6iission of the ount of Contra Costa, State of California I R MAIN r f 1 Ec'9 ZO NE F90A-1 2 -2 To 44 4• 0 REMAIN A-2 1 00, REMAIN " 0000' 0 RrMA*IW" -A f 1 l .4— 'l REMAIN 1492 - RZ z 1000' AZ I I I Y �- �a 1 ; ��y-_ Rted"tN O}A �i� f� -A• PORTION f F Y � ry MT DIABLO,.., DIVISION SECTOR I.i j CONTRAI 'TA COUNTY, CALIFORNIA fti:it..i .'3��1i1 f, fr,.T� t�F��.�iii�X3� x✓�.is..t`,t.":'::tt�a i` MT-.D-IA_ SCALE , IN FEET 000ii 0 2000 -SQQ 14.00 G. M LCORY 1720-RZ N ( r�, - 3 R MAIN r �' 1 E Z O NE F90AI -2 -ro A- 3 REMAW j REMA IN j REMAIN REKA IN /A-4 I . � •�j a REMAIN- Aop .!L .. 4z 1 I 129?- RZ 1 ! �Q . a "lyD K� w •+,�• • ,hft kOTtON OF •, .a : DIAB1� 3 VISION SECTOR 9 CONTRA4' QSTA COUNTY, CALIFORNIA A PORTION OF MT__QJA:$.Lo-....L?1Y_1.S I..D_N�._. a ..... _. —' �. � . _, as .. i�. I .. .. . . .t • '� .1......t a� . LE IN FEET 7� //.�� 1Z1Z., J'qtr of ti, ' E::_r4: 02/��OlJ f'lll ;�•j;L"•r,`:t()lx. a ��! t){ 17 11 f f 1000 FINDINGS NlAP , 6870 PAcE291 R*, DED AT REOUES T OF 15631 CONTRA_COSTA COUR AT 2-- O'CLOCK FEB r,?2 1973 FEB 22 1973 COW Mi COSTA CGUHTY PECORDs W. T. PAASCH COUNTY RECORDER FEE $ OFT BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Establishing Agricultural ) Preserve No. 11 -73 , and ) RESOLUTION N4. 1 316 Authorizin Lan onservation ) Contract(s5. ) r I J x,, d G The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51210, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted P:ovember 189 1969, This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub— mitted report(s) of tie Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. 1....1 -7a Owner A_y_nlication No,, Louis E. Cinochio, et al . 1716-RZ , .i. IT IS FURTHER ORDERED that the Chairman of this Board,,..4 behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on January 23 , 1973 . ccc Planning Assessor County Counsel Recorder & File RESOLUTION NO. 73/63 17*--RZ nor 6870 PAGf292 RESOLUTION NO. .3 LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the JOHN GINOCHIO, JR., a married man as his day of February 1973, separate 2roperty, as to an undivided 1/3 interest; FETER7E=E GING 0 and BEVERLY GINOCHIO, husband and wit, as to an undivided 1/3 interest; LOUIS E. GINOCHIO and ANNA M. GINOCK() husband and wife, as to an un vided 3 interest; hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- aov 6870 PAGE293 23 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and 3 63. 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for- any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- moo 6870 PACE294 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and canpatible use a; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective coamenc- Y Ing on the last day of February, 1973 , and shall remain in effect for a period of ten (10) years therefrosi. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- Bmi 6870 FACE295 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- BOOK 6870 PACE296 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- a a00r 6870 PAGE297 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- no-K6870 CE298 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being r: recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. ?}= 18. Income and Expense Information. The owner shall annually x furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. h. Y -7- - t . ! Box 6870 PACE29 19. Effect of Removing Preserve or zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST "`GGG C1k of Board Cha and of upervisors O 8 �— o n znoc Peter ug�r�- nochio Bever y ino io outs Gino lo/ Anna M. Ginoc zo we the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. No deed of trust or other encumbrance holders. Approved as to Form: JOHN B. CLAUSEN, County Counsel NOTE: All signatures must be acknowledged. Deputy -8- 7-1-70 OW soon 687(1 pacE300 STATE OF CALIFORNIA ss. County of Contra Cost On this 2d day of January , 1972 before me, a notary public in and for said county and state; residing therein, duly commissioned and sworn, personally appeared JOHN GINOCHIO, JR., a married man; PETER EUGENE GINMTAIO and BEVERLY GINOCHIO, husband and wife; and LOUIS E. GINOCHIO and ANNA M. GINOCHIO, husband and wife; known to me to bethe persons whose names are subscribed to the within instrument,- and acknowledged to me that they executed the same. WITNESS my hand and official seal. VAL. KULARiA Notary Public in and for the County of Contra Costa, State of California. APIA.. R N 6870 PACE301 1716 Rz Contra Costa County Land Conservation Contract No. EXHIBIT A PROPER'T'Y DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of one page, attached hereto and incorporated by reference herein. Revised July 1, 1970 soon 6870 PAcE302 SCHEDULE 1 OF EXHIBIT A That parcel of land in the County of Contra Costa, State of California, described as follows: That parcel of land described in the deed to Caroline Winter, recorded August 23, 1909, Book 148, Deeds, page 722 described as follows= •Commencing at post R. B. 2.6 situated in the boundary of the Rancho San Miguel 2,93 chains east from post S. M. 22; thence south between Bill lots Nos_ 2 and 6 part 2 and 60,40 chains to station Post W. 29 3, 63, thence east between part 2nd of Hill lots 3, 6 and 9, 76,07 chains to station post R. B. 6-9; thence North along the ranch boundary 60, 45 chains to station post S. M. 21; thence west 76.07 chains to the pcin; of beginning, and containing 479 94 acres of land; and being part 2 number 6 Hill land of the San Miguel Rancho and being the same land conveyed by R. 0. Baldwin, Patrick Tormey and James Foster referees to Lawrence Geary by deed dated January 249 1885, and recorded in the office of the County Recorder of the said County of Contra Costa on January 28, 1885, in Vol, 48 of Deeds at page 62 thereof." BOOT(68 / J PAGE3 ti J 1716-RZ Rz Contra Costa County Land Conservation Contract No. EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d), (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: N.ore 2. Existing Conforming Structures None 3. Proposed Structures None 4. Existing Land Use Grazing of livestock 5. Proposed Land Use •' Grazing of livestock Revised July 1, 1970 OMD OF DOCUMENT' 11 PROOF OF PUBLATION This spa*for County Clerk's Filing Stamp (2015.5 C.C.P.) FF1 E D STATE OF CALIFORNIA County of Contra CostapAASCH 1 am a citizen of the United States and a resident of OF SUPERVISORS COSTA CO. the County aforesaid; I am over the age of eighteen By _ Deputy years, and not a party to or interested in the above- entitled matter. I am the . . . q. .? ';A.'t?. r Proof of Publication of . . . . . .. . . .. .. .. .. . . . . .. .. . . . . .. . .. ... . . .. Notice of Public Hearings Before the Concord ^ranscrint of the . . . . . . . .. . . . . . .. . .... .. .. . . . . .. .. .. . Contra ',osta Count;j ?oard of Supervisor . .. .. .... .. .. .. . . . . .. . . .. .. . . .. . . . . .. ... . a newspaper of general circulation, printed and pub- Paste Clipping „ on Rezorinc "atters Poi of Notice lished . . . . . Januar7 ?a?3 SECURELY 13667 In This Space . . . . . .. . . . . . . . . ...r. .. . .,.. .. .. .. . . . . . . . . . . ■'� #Y in the City of .. . . ... . . .`2�.t .reek. . ... .. .. County of Contra Costa, and which newspaper has I`r t.. been adjudged a newspaper of general circulation fy ! by the Superior Court of the County of Contra Costa i r F!1A 52 State of California, under the date of . . .. . . , 19.... x-1003 Case Number , .. . .. '. . .. . . . . , . ; that the notice, of which the annexed is a printed copy (set in type i t not smaller than nonpareil), has been published in Mir each regular and entire issue of said newspaper and not in any supplement thereof on the following . dates, to-wit: . . . . :!anuarr, .3,. 1073. . . . .. . . .. .. . . . . all in the year 19..73 Orr►tt�• � '+� i I certify (or declare) under penalty of perjury that M z the foregoing is true and correct. F` Executed at . .. . . ..'C:n C^,rd. .. . . . . ... . .. . California, this .3. day of . . . `anuary ,19 73 Signature P.O.Sm 3M PROOF OF PU BLICAT IONS”°'sn =M��o NOTICE OF PUBLIC HFARINGS BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON REZONING :TATTERS NOTICE is hereby given that on Tuesday, January 23, 1973 at 2:00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following application to rezone land: The location of the applicant's lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descriptions may he examined in the Office of the Director of Planning, County Administration Building, Martinez, California: ) Louis E. Ginochio, et al. , 1716-RZ, 359.92 acres, more or less, located approximately 1.5 miles west of Mitchell Canyon Road and approximately 1 mile south of Pine Hollow Road, in the 11alnut Creek area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4) By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra Costa, State of alifornia By a Arleen Elder Deputy Clerk 1716-kZ WAS I. GJAMWo, et alis (Applicants 6 Owners) 1. AQs_ems,,,: 354.92 acres. 2. Locatioa: The site is located in the Ypacio Valley area and lies MM the Mt. Diablo Him ScbooI and Elementary ScbooI District. It lies outside the proposed sphere of influssce of smy city. 3. Tom: The terrain consists of steep and sollinS hills. 4. 2SELU: Gaeral Agricultural (A-2).. S. Land Use i Value: The site is used for the grazing of livestock. lwzsessed value of the property is as follows: Lead: $27,000 Improvements: - 6. Geasrel PAM Desimtion: The Lead Use said Circulation ?I= for on retonaa's Extensive Agricultural. 7. luiH!ag: Mere are no structures on the site. S. Theenvironmentalenvirownmental impact study is attached to this repot . It rscommends approval. 9. caveats: Ws application has beau reviewed by Mr. Paul Lamborn, zia,w h. Advisor; Messrs. Joe Wicegood ani !rank Ascatipo of the County Assessor's Office; oar by tai staff of the Planal" Depattseat. . All r vieum of this applieatlanIffy oil tiawre recoarnded • 10. Stott Aeco■esndatiows: Approval. z j Resolution No. 78-1972 1 JRESOLUTION OF THE COUNTY PLANNING CObMSION OF THE COUNTY OF CONTRA COSTA, !STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECMMNDATIONS ON THE REQUESTED CHANGE BY LOUIS E. GINOCHIO, ET AL (APPLICANT & (XJNER), (1716-RZ), IN THE ORDI- NANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE WALNUT CREEK AREA OF SAID COUNTY. j WHEREAS, on September 17, 1968, the Board of Supervisors of the County i lof Contra Costa, California, by Resolution No. 68-635, established rules and ,procedures for the establishment of Agricultural Preserves and the execution of eland conservation agreements; and WHEREAS, a request by LOUIS E. GINOCHIO, ET AL (Applicant & Owner), t� 1 (1716-RZ), to rezone land in the Walnut Creek area from General Agricultural t i District (A-2) to Agricultural Preserve District (A-4), was received on Aug- lust 18, 1972; and WHEREAS, the Planning Department reviewed the aforementioned application land finds that this application meets the Land Conservation Agreement standards I land conforms to the uses allowed in an A-4 district and thereby recommends to lithe Planning Commission of the County of Contra Costa, California, that this 11 ,japplication be APPROVED as submitted; and ( WHEREAS, after notice thereof having been lawfully given, a public hear- ,in was held b the Planning Commission on November 14 1 2 w t l per- [ sons y g97 whereat al per ( sons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated fall the testimony and evidence submitted in this matter; and !� NOW THEREFORE, BE IT RESOLVED that the Planning Commission recommends, I land they do hereby recommend to the Board of Supervisors of the County of Contra ;!Costa, that the rezoning request of LOUIS E. GINOCHIO, et al (1716-RZ) be APPROVED as to the change from General Agricultural District (A-2) to Agricul- tural g g Etural Preserve District (A-4), and that this zoning change be made as is indica- _ fated on the findings map entitled: RECOMEMATION FOR A PORTION OF MT. DIABLO IDIVISION, SECTORS I & 43, CONTRA COSTA COUNTY, CALIFORNIA, which is attached hereto and made a part hereof; and I further recommends BE IT FURTHER RESOLVED that the Planning Commission fur er re ommen s Ithatthe Board of Supervisors sign a contract with the property owner as a . �€I requirement to establishing a Preserve; and ! � } t Resolution No. 78-1972 BE IT FURTHER RESOLVED that this recommendation be approved because (1) this application for change from A-2 to A-4 conforms to the Land Use and Cir- culation Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resolu- tion esolu-tion and deliver the same to the Board of Supervisors all in accordance with the provisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution incorporating the above and aforementioned was given by motion of the Planning Commission at a regular meeting by the following vote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. I, William L. Milano, Chairman of the County Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. iii NOES: Commissioners - None. ABSENT: Commissioners - None. 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',:':s .. ..7t 4y....it..r. r.:a.� ,�»r`.r � Y:•.+,i._,.:I�a.,�. _+:.s.Y' } •A ' r a.-� is�` �' .,. r - _ - r r%:.. ^ortrR'Cas a Gozzrt� 's'I:.nning C()rllrC.i_SlOn, State at California, da hereby 1. x ' "� "� N ,]a rrert t op,oi_ A PORTION OF. . `, r . 11 ` s r � t i'CTt:t�'tti:1t ti14 S :us 3LI. - -1� .:- , , _BLQ D11lISI -I - E[T L i 4 1 ., n v f+ t ' r..f ••'lam w Y,'+ �: i r rye• ,t-', -` f f �., :.t Lr 4 ti^ i ___N�.,a -. �;.. ? ;; " n,i - L!3:+Tzi.L�]fT^.Gr, t;iP L��(:alC1i'1 Gi Z4:C• r,<lt :175; �C:ika 4•x,.t:i.� .Yi.:i.r * J1k t ^ t ' , 4 ,11f d . j.. ti _ Y p c /� Y ' (aysr ¢ "{�Q�.t+ i!1<> i laftZr i E L:E.1s r ' h �rn�u�n �7�6 -� !i 1:1 �I <. , 44 'a ' ^�.. 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''rte ......,_. i� t ti.. - !i.='" lq"!Sia �r 7nec .ta _ �f'f3:e ntla Costa C(Italty PIS rg Comm, Sinn, State of C'olifornia _$ til 07 GO yr x ya + } F lr FINDINGS MAP r - r :..,.•.t>ti_.._.._ a..: :..:? �. ..4».,.�. -": '"� a,,:y,..1,, .�>.:.. .. .. rrfvS«.v .- ... � - -.tkn"'t. ....-�.. t....:.._._ ,':"' .Sr ." _ � FAGE 3Q0.:6867 3� RADED AT REQUEST OF FEB 20 1973 CONTRA COSTA COUNTY AT /0� ,/G O'CLOCKFEB20 f973 COMA COST;. COUNTY RECOR W. T. PAASCH COUNTY RECORDER FEE $ OFF'L BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Establishing Agricultural _ Preserve No. 8- , and RESOLUTION N0, 73 60 Authorizin Land Conservation Contract(s5. ) ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969, This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. 8-73 Owner Owner App_ation No. Joe Duarte 1706-RZ Rosie Santos 1708-RZ IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. . '4t PASSED and ADOPTED on ,.,tea n u a rx 91, 7913 9,pk cc: Planning Assessor County Counsels"TlNue cert Recorder & File ✓ I WW/ 164 We»•/no, 1•.• &carr«r..A o/u. da.M...!*"J.A i. .- fit. ;. -, aiji", e•c RESOLUTION NO. 73/60 AM 4 Pad 4w adavf.d bf A,Bo-rd./s.p... w.... Co-Hs C.Mira C.—r,, ca';/ -ia, an 11L d-t..LawrL ATTEST. I', T, PAASCH.co--i,alga • fphi.io dwL o/ ..id B.vd o/ 6y.nlorp . � JAN 2 31973 . } t� ryk v : • P17o8 aooK,6867 PAGE324 � . .. . RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of February 1975 ROSIE SANTOS, also known as ROSIE DUARTE, a married woman as her separate property, hereinafter referred to as "OWNER" , and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred ¢ to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. fi 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- Boor,686+7 PAGE325 S. Intent of Parties: Effect on Property value. It is the M intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substaintially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to AM California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division OXMAN 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for WON any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein= pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. Boa 6867 PAGE2 26 S. Modification of Restrictions. The Hoard of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term .and Renewal. This Contract shall be effective commenc- ing on the last day of February, lg 73 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the and that at all times during the continuance of this Contract, as tram time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Linder no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Cramer agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by s►utual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Goverment Code and upon a finding by the Sward of Supervisors that such cancellation is -3- 4 3 ,e. aaoK 6867 PAGE327 t not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient y± reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being 7' released from the terms of this Contract. Said cancellation value shall be .d determined in accordance with the provisions of Government Code Section 51283 V (a) and (b) . under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Y Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. °. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. J —4— j k eoox 6867 FAcE328 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County ) ) j M 'i y BOOK DOD PAcE329 i Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages M - will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is i: used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cola, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- BOOR 6867 PAcE330 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and e"iay assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- aoa 6867 FOX 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST Clerk of Board By Chy5ZqLan,lo6aZrgd o Sup isars dWNERR f� (Rosie Santos, also known as Rosie Duarte ) We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. No deed of trust or other encumbrance holders . Approved as to Form: JOHN B. CLAUSEN, County Counsel NOTE: All signatures must be acknowledged. 8 -8- •pu .y 7- -70 �- Boor;6867 racE332 STATE OF CALIFORNIA County ofContra Costa ss. On this 5th day of January a notary � �97�, before re, public in and for said county and state; residing they duly co�"L'Aissioned and sworn personallyein, appeared ROSIE SANTOS, also known as ROSIE DUARTE a s married woman, known to me to betne person whose named is subscribed the within instrumentand acknowledged to , nowledged to m ,•�,� a that she FF. executed the same. WITNESS MY hand and official seal. VAL: BELLARiA Notary Public in and for the County of Contra Costa, State of California. ` IV BELLARIA A'OTARV P LlC E?E COUNTY OF CO ���lFQRNIq MY Commission Expt os Jan3 os . 0 2973 1 1,. JJ Boa 686 M 3 3 ® 170a'RZ RZ d Conservation Contract No. Contra Costa County Lan EXtiI PppPERTY DESCRIPTION Contract, the Land Conservation t to Paragraph 2 of described below Pursuan land attached, the paid land is to which this exhibit is said Contract• is designated as the subject of s follows the County of Contra described a That real Property located in California, more Particularly costa, State of description to said s described as follow The legal ned in Schedule 1, consisting Of Property is contai rated by tached hereto and incorp° o[1fJ- page. at . reference herein. Rev, ed July 1,. 1910 _ ® BOOK 68 f j7 PACE P08-Rz 334 SCHEDULE 1 of EXHIBIT "All That parcel of land in the County of Contra State of California Costa, described as follows : Lot 141 map of Garcia Ranch, filed December 10, 1914, Map Book 121 page 2683 Contra Costa County Records. 1t'.x vs-` r `' i t;zros. < r`y,St ��1lr �y�}r t e 'Frt l.•i t, � i iYtr .,t £ �c;.Spt3"'w♦"Z 2e t �' 21A.i` G ..�"t t .... . �-Yb'�3`�r r�if . -; +r tr '�' ' r -�' `��*i :=1 1 A �i i �i ..._:r..z.. L ' 1708 Rz Contra Costa County Land Conservation Contract No. r 4, EXHIBIT B ALLOWABLE LAND USES BOOK 6867 PACE335 Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms 4 and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 4` 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: i MOM 2. Existing Conforming Structures One old wood frame barn 12'x20' t 3. Proposed Structures None 4. Existing Land Use Grazing of livestock 5. Proposed Land Use Grazing of livestock iivstd July- 1, 190 "SND t1� DQCUMk tie, J STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of TH- BOARD OF SUPLtVISORS CONTRA COSTA COUNTY. 1674—RZ; 1707—RZ;1706—RZ;1689-RZ; I ...................................... ............ »..».................. » 1708—RZ FO# 33666 Affidavit of Publication NOTCCE OF r i. STATE OF CALIFORNIA, `PUBLIC HEARiNGS COUNTY OF CONTRA COSTA BEFORE THE CONT COUNTY 1OF SUPERVISORS { ON REZONING MATTERS ( NOTICE is hereby given +that on Ittcsday, January 23. 1973 at 2:00 p.m, in Room 107 R.David R10tt0 bean dttl sworn, iof the County Administration ......................... .............................................. 8 y Building. Corner of Pine andi t Escobar Streets. Martinez. deposes and says, that at all tines herein named was, and now is lCaRiornin. file Contra Costa' a citizen of the United States of America, over the a g e of ei g will hteen willCouh Board or supervisors' hold public hearings to� I years, and it resident of said County of Contra Costa. That he is (consider recommendations of the Contra Costa County Plan • not nor was at any time hereinafter named a party to the above nine Commission on the Int- louing applications to rezone entitled proceedings, or interested therein, and that all of said land. The locations of the appli- time was, and now is the principal clerk Of the printer of the cants' lands are within the un• incorporated territory of :he MORNING NEwS-GAZETTE, a newspaper printed, published and County of Contra Carta, State of California, generally Iden• circulated in said Contra Costa County, and as such principal Itified as follows (more precise clerk had charge of all advertisements in said newspaper. That descriptions may be examined $ Pape in the Office of the Director of t Planning. County Administra. the said MORNING NEws-GAZETTE, is a newspaper of general tion Building. Martinez, Cali- f circulation as that term is defined b Section 6000 of the Government ,rernia:) ( f Y Mary Simmons, 1674•RZ, Code of the State of California, in the said Countyof Contra Costa acres, more or less. 10- +rated on the north aide of published for the dissemination of local and telegraphic news and Alhambra Valley Road, ap• proximately 16M feet east of intelligence of a general character,having a bona fide subscription list Hampton Road. Alhambra Val• ley area. from General Agri- «ural Preserve District (A• of paying subscribers and which has been"established, printed and cultural District (A-2) to Agrl- published in said county for more than one year last past,and which 4 Henry F. Duarte. 1,07•RZ. is not devoted to the interests or published for the entertainment of a j 120 acres. more or less, local. .ed on the south side of Alham• particular class, profession, trade, calling, race or denomination, or rbra Valley Road, approxi. mately 1.3 miles east of any number thereof. Hampton Road, in the Alham- bra Valley area, from General Agricultural District (A•2) to Agricultural Preserve Distridt That the.»NOTICE.OF_HEARINGS»ON.APPLICATIO113 (A41. Joe Duarte. 1706•RZ. 150.11 acres, more or less, located /�yl approximately i5M feet east of� Nti.it.....................................................»..»._».».. ...... _..._..»»« the Interseetlnn of tx:irctn Itattrh Road and New hear Creek lined. to the Rrinnes Hill%,arca, from General Agri:, of which the annexed is a printed copy, was printed and published cultural pier e A-strict gr 1 Time 4), 116.96 in said at least__----_-_.�QI3@_.Time »_.»,_.»...»».»..._...« Rosie Santos. t70a•. located l�poc acres• more or less• located easterly of the terminus of Garcia Ranch Road, approxi., i} mately MW feet cast of the to wit: from the........3T1i.-.day af.»».I8DU8Ty_-»»__-»19 Tat in- tersection of Garcia Ranch Roadand New Bear Creek. Road, in the Briones Hills tothe..............._•......_.......day of__._._»»».»_.. »»»_»_ 19_ ... area. from General Agricul. tural District (A-2) to AAricul• Itural Preserve District tA4). William W. Wallacker Jr., both days included, to wit: 16M-RZ. 25.16 acres, more or fess, located on the south Mile of Glen Fraser iiond, apprnxl• mately 1 mile overt of Prank. Janunry..j�z 7j lin Conynn 110,11d. III tho ........................................»..».....•............ rranklin Cm,"-to ntrn. from Geo-Int Agt G•olhtrot Ul•.irtrt IA•24 las Agiletillur:d Pr"erve DtaUlrl IA•J1. ; .»..».-»..............»».».»»_.».»...»»_» fly ,rdrr of the iiaard of - _».._. iSupervutirs of the County of Contra Co-Aa, State of Caliro:- •--• DATED: December 5, 1972• W.T. PAASCII County Clerk and ex officio Clerk of the That the said notice was published in the newspaper proper and Board of Supervisors not a supplement. of the County of Contra Costa. State of California BypAly en Elder --•---....i.. ».»...v:....»»:.-.�.=a"�._»._.�._�G.!tc�._..».^D »» Dc t Clerk - No.5•I25—Jan 3, 1971 - Subscribed and sworn to before me this .....3rd..daq of__ "TaM -117 ...19-13. ._.......� `:o-�.L.r�..�_»...'`.7Ya...�.>:.c!,:t........... . . . .--•..._»»»»»»» �� m .fin 18it'al Notary Public in and for the County of Contra Costa, State of California ()FI*:(­,AL SIVAL W. T. PAASCFl LA fl JF N L,71!-S'. '=• � CLERK BOARD OF SUPERVISORS CA:, ONTRA COSTA CO. C /Ti A 0 1'.T*, t iriTY ' BY�„ tr- ._ Deputy l/ •�-' .. c r,, ,.^.rt ISI i �t).••au• ;(. ]!,•t�r,.t. Card. tJ1553 4 10TICF Or PUrLIC HF.ARIFTC�S IIEFORF THE CONTRA COSTA COUNTY BOARD OF Sj;pP'RVISOR3 ON i1ATTT3S NOTICv is hereby Riven that on Tuesday, January 23, 1973 at 2 :00 r.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County PlAnning Co-vaission on the following; applications to rezone land; The locations of the applicants ' lands are within the unincorporated territor;; of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may re examined in the Office of the Director of Planning., County Administration Building, Martinez, California : ) ?Mary Simmons, 1671 -RZ.., 274,29 acres, more or less, located on the north side of Alhambra Valley Road, approximately 1600 feet east of Hampton' Road, Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Henry F. Duarte, 1707-RZ, 120 acres, more or less, located on the south side of Alhambra Valley Road, approximately 1.5 miles east of Hampton Road, in the Alhambra Vallev area, from General Agric>>ltural District (A-2) to Agricultural Preserve District' (A-h ) . Joe Duarte , 1706-RZ., 150.11 acres, more or less, located approximately 1500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4.)- Rosie Santos, 1708-RZ., 116.96 acres, more or less, -located enstcrly of the terminus of Garcin Ranch Road, approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2 ) to Agricultural Preserve District (A-4) - William W. Wallacker Jr. , 1689-RZ, 25.36 acres, more or . less, locate on the south side of Glen Fraser Road, approximately 1 mile west of Franklin Canyon Road, in the Franklin Canyon area, from General Arricultural District (A-2) to Agricultural Preserve- District (A-!g). By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCII,' County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra- Costa, State of California • By Aileen lder Deputy Clerk 1706-RZ Rosie Santo: (Applicant and. Owner 1. ter •: 116.90 acres. 2. Location: The site is located in the Alhambra Valley area and Is Iorated within the Marlines Ash School Sad Elementary School districts. It lies outside the proposed sphere of influence of any city. 3. �E&&: The terrain consists of steep hills. 4. ZaLig: General Agricultural (A-2). S. Laod Use and Value: The site is used for the grating of livestock. No- assess value of the property is as follows: Land: $5,735 Improvements: -0- 6. Gaeral Plan Desi&cation: The Land Use and Circulation Plan for 1963 recommoWs Extensive Agricultural. r1 7. Buildings: Existing structures consist of 1 wood frame barn. g. The amvironmental impact study is attached to this report. It recoff" approval. 9. Caaeats: This application has been reviewed by Mr. Paul Luborn, CCoonL7yFara Advisor; by Messrs. Joe Swicesood and Frank Ascatigno of the County Assessor's Office; and by the staff of the Planainj Department. All reviewers of this application have z approval . 10. Staff Aecoarndations: Approval. } Gt�T OF Miq � c_/£{.Y,/--....� ,,'j / // ; • r� SEE SEE CCN 2-5( C-4 221 A 2, z SEE CC!2.8 �1, i SEE CCN 2-15 r aRIOUES I t- f' 3 I REGIONAL 3 /f//JA-2 PARK x/91 f .0 # � 9 to F � _ SIX tea!-Tw at 8201 2 .... , / CONCORD DIVISION. SECTOR i l CONCORD DIVISION, SECT:; ` :fRT ��A' ?.IS tS TME YAR I O N CRDINS%CI NO 7I-10 AND -MADE A FART Tw£REOF, CONTRA COSTA COUNTY,CALIFORNIA CONTRA COSTA CCUt1TY,CALIF SECTION SA.SUBSECTION 902 OT ORC[NANCE NO 382:AS ANE%DCD BT CRC-!1ANCE!O TCAs[ a T. CWaTi LIRA t .1WHICN IS THE ZONING ORDINANCE OF CONTRA COSTA EOUNTT.STATE OF CALd,*NlA lcec n BEING SECTION SA,SUBSECTION 906 OF ORDINANCE NO 392, AJ ! TI-10 WHICH IS THE ZONING ORDINANCE OF CONTRA COSTA C:-"'7 Too s� ENVIRONMENTAL IMPACT STATEMENT 7708 RZ ROSIE SANTOS (tel LOCATION MAP :-mown Note: Boundaries of Subject Property are Approximate. A. Preliminary Remarks: 1. Application: The applicant, Rosie Santos, is applying for a rezoning from General Agricultural (A-2) to Agricultural Preserve (A-4) of 116.96 acres located easterly of New Bear Creek Road approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road in the Briones Hills area of west- central Contra Costa County. 2. Reason for Application: The applicants state that she desires a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of her property in agricultural land use under the terms of the California Land Conservation Act of 1965. 3. Associated Projects: The property is bounded on the north by another property also under consideration for rezoning to agricultural preserve (1706 RZ) . 4. Area Description: The property consists of steep hill lands ranging in elevation from 900 feet to 1200 feet above sea level. Drainage of the property is into the headwaters of Pinole Creek for the northwestern corner. The remainder of the property is drained by a series of minor streams which flow into Bear Creek which in turn empties into Briones Reservoir, an East Bay Municipal Utility District facility. The vegetation consists principally of grasslands with groves of trees in the ravines and on the north and east facing slopes. The present use of the land is for the grazing of livestock. There is one small barn on the property. The Area surrounding the property on the north, west, and south consists of steep hill lands used for grazing similar to the property itself. To the east the property is bounded by Briones Regional Park a part of the East Bay Regional Park District system. There is no residential development of significance in the vicinity of the subject property nor is there any other development in the area. B. Environmental Impact Evaluation: 1. The Environmental Impact of Proposed Action: a. Beneficial Environmental Impact: The proposed change in zoning of the property to agricultural preserve will create no change in the existing use of the property which is presently grazing. This use is compatible with surrounding properties which are also under the same or similar use. The conversion of this property to an agricultural preserve will prevent any future change in land use for a period of at least ten years and aid in the preservation of the rural agricultural character of the Briones Hills Area. `~3 In addition the creation of an agricultural preserve in this .location will serve to protect Briones Regional Park from urban encroachment and provide additional watershed protection for the Brions Reservoir, a storage facility for the domestic water supply for the East Bay Area. b. Adverse Environmental Impact: The conversion of this property to an agricultural preserve would have the effect of lowering property tax revenues to the local government jurisdiction. 2. Any Adverse Environmental Effects Which Cannot be Avoided if this Proposal is Implemented: (See item l.b. above) 3. Mitigating Measures Proposed to Minimize the Impact: In accordance with recently enacted legislation, the State will partially reimburse local governments for the loss in tax revenue. 4. Alternatives to the Pronosed Action: a. The applicant can continue to utilize the land for farming and grazing under the present zoning classification. b. The applicant might at some future date request a rezoning to a more intensive land-use. c. The applicant could split the property through the minor subdivision process resulting in the reduction of parcel size to the point where it is no longer economically feasible to retain the land in an agricultural use. 5. The Relationship Between Local Short-Term Uses of Man's En- vironment and the Maintenance and Enhancement of Long-Term Productivity: One of the intents of the Land Conservation Act is to remove land from speculative-type development. By retaining the land in an agricultural preserve under its present use, the land will be removed from speculation for other types of development. This restriction on change of land use is for a .y minimum of ten years, and may continue on indefinately. k In addition, this proposed change is in conformance with the 1963 Contra Costa County Land Use and Circulation Plan which indicates an extensive agricultural use for the area in question. 6. Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action-Schould it be Implemented: The proposed action will not make any change in the present use of the land; r" therefore, there will be no irreversible environmental changes. 7. The Growth-inducing Impact of the Proposed Action: The purpose of creating agricultural preserves is to retain the land in 4 2. \` agricultural use for as long a period as possible. Because'this- is a very low intensity use the effect will be to inhibit rather than induce growth. 8. The Boundaries of the Area That May be Significantly Affected by the Proposed Action: The creation of this and other agricultural preserves in the Briones Hills area acts as a barrier to intensive development in the area. The area affected is bounded by Alhambra Valley Road to the north, Hampton, Garcia Ranch and Bear Creek Roads on the west, Bear Creek on the south, and Briones Regional Park on ' the east. 9. Qualifications of EIS Preparation Agency: This EIS has been pre- pared by the staff of the County Planning Department. Consultants on the existing use of the site and desirability of its continuance for this use have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's office. dmcjclw 3. I Resolution No. 80-1972 ( RESOLUTION OF THE COUNTY PLANNING COWISSION OF THE COUNTY OF CONTRA COSTA,STAT ( OF CALIFORNIA, INCORPORATING FINDINGS AND REM94E.NDATIONS ON THE REQUESTED ;'! CHANGE BY ROSIE SANTOS (APPLICANT & OWNER), (1708-RZ), IN THE ORDINANCE CODE 11SECTION PERTAINING TO THE PRECISE ZONING FOR THE BRIONES HILLS AREA OF SAID i! COUNTY. ii WHEREAS, on September'.17, 1968, the Board of Supervisors of the County #! of Contra Costa County, California, by Resolution No. 68-635, established rules ;! land procedures for the establishment of Agricultural Preserves and the execut- f Von of land conservation agreements; and I. i WHEREAS, a request by ROSIE SANTOS (Applicant $ Owner), (1708-RZ), to �i ! rezone land in the Briones Hills Area from General Agricultural District (A-2) il. }} to Agricultural Preserve District (A-4), was received on July 27, 1972; and i WHEREAS, the Planning Department reviewed the aforementioned application i! iland finds that this application meets the Land Conservation Agreement standards and conforms to the uses allowed in an A-4 District and thereby recommends to ! the Planning Commission of the County of Contra Costa, California, that this 11application be APPROVED as submitted; and t WHEREAS, after notice thereof having been lawfully given, a public hear- 1? +! I} ing was held by the Planning Commission on Tuesday, November 14, 1972, whereat fall persons interested therein might appear and be heard; and WHEREAS., the Planning Commission having fully considered and evaluated i all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends t the Board of Supervisors of the County of Contra Costa, that the rezoning request ! of ROSIE SANTOS (1708-RZ), be APPROVED as to the change from General Agricultur1 !. H District (A-2) to Agricultural Preserve District (A-4), and that this change be j made as is indicated on the findings map entitled: RECOMMENDATION FOR A PORTI ! OF CONCORD DIVISION, SECTOR 2, CONTRA COSTA COUNTY, CALIFORNIA, which is attach !i is ed hereto and made a part hereof; and BE IT FURTHER RESOLVED that the Planning Commission further recommends !4that the Board of Supervisors sign a contract with the property owner as a re- quirement to establishing a Preserve; and ! BE IT FURTHER RESOLVED that this recommendation be approved because: (1) .r � w Resolution No. 80-1972 IlThis application for change from A-2 to A-4 conforms to the Land Use and Circu- lation Plan adopted in 1963; and ! BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning 'Commission shall respectively sign and attest the certified copy of this resolu- tion and deliver the same to the Board of Supervisors all in accordance with the fiprovisions of the Conservation and Planning Law of the State of California. ! An instruction by the Planning Commission to prepare this resolution in- corporating the above and aforementioned was given by motion of the Planning Commission on Tuesday, November 14, 1972, a regular meeting, as follows: I AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, Williams L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Compaglia, Milano, Krueger. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - C airman o✓✓✓✓t a annilig Commisslon o t e County of Contra Costa, State of California. 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',..'• - - �51< ,'�'R':x,� x, . 1. t� Y .. a^yt r St. .. a.. Y-. ti ! . a {rd =k.' j ' ,'R.EC�MMENDATION FM A PORTION OF 5r : . A11:1 . =i ,,�,� -7- 1 -1 _ _ _ , -- 1 1 - �. 1 } : ", _ :: CORD : DI1S�C S Y R. ".,.� I I -I.1 . -�- , _ . . - -1 � , � -.1-11. . �, I .1- ".. . . , I - ., -1 - � � E C r I , Ij -- -��-� 7�,-�� - , "-- -� - I 1�1�I .1 - � - _; e-� ,-, - - -�a1. � I I . I I r - ;:-�- -�,'-'; � Z'. - . I - � , �".�' 7, � � : : -In,� , � .1 . 11 . "", - , I .. I � I - �. -- 1� - --,--.-_, -- � :-, � , - . I . � - - ,- . . , . . ­-�. ,�, - -, , - ", , I � I " ' - , , "' ,�., .- , -� �.' � .I �. ;.111 ,'. '._ k-,-, _ . . - .- " e, -.�' I . , . ., �. . -1. -, - -� . -- - I I . -1-I 1. - . I e , t �,-, . - -. . . . . - �: ,, , - __L�'- I - I I - � 1 . - � A � -7, �, �,.- �'..�'..�l-, ,.,r " I I a � � �� I , . .1-- �-I � .1 11 : ,", - I - 1 .1 - I- - - - " -I. -,�, I � xfA =+COSTA = QT1fa : CALI FORN-IA: - - zr ` I .. '�x''',j a. .v�At l i.1. �+�".�'y`,a", ,+.-. I- i dl .'s. - - - -' > 11 , 1. M . _ I, ' = L _ M 1► A N!� Chairman �f the A. .� . - I _a n,S aIiforn*do hereby `:s ontra Costa Count*,PIanning Colum �-io tate of C f �x> e-taA cez iffy tha*tl'.is s s true and correct copy of q P. O R T I O N. OF-. A� . . 1 ��• •} S EC r D_g_ M x $ x r - <<anlco o n Z ¢ f w ... '". ` Ii ,on of the Gclr.ra. Cc�.aCn,• ty - l9r i^� n g .j`. er n the doc+� n� Y. P . .. , - CommL,-;�zdn in th1. -e �Iatter of�� SANTOs _ 1.70 �� i s . r. kY _ Y i f _ ..'�' • - - -- - - - - _ .: j.. .; . r '� a r . - ����� / - .-.. l� v i v� ke _ 1. Ch m L orf int: Cet:x3 `.,5t.� }`. :�s` - S of C u is , , :, N 4 1. e / '7� .Kilt f `r _ t. i �'k R, :,r f 1V F E cos +. r: of th- antra to .otu�tt r:� , .� - .. ' .. P Cr�rnm�.�.sfcln, State �''Gc�!ifUria '1 :; - - ,. 1 ' 11� / I ' y J - _ _ .. _ .. ,_. 11 �� .. ,, FlNDlNG.:3 MAPF 1''_. REM A IN A- 2 r ROAD REMAIN "2 u r uA�LEY ` f _ s REMAIN. - .. - '^� - � a�w •r r^�,'-. EMRIN r -a, RD ITEM I`N Rr,z0'Nc FI +D fi • - F h - F•, 41 �A IN: �,,,;�,•, i i+• E w ~- .Tc REMAIL }} oQ x4 E�. r+`.' -F #.a' %"_�� �qt !y.,r•� dy.`��+'' tii�, r s� ��'t': � r RECOMMENDATION , FOR: A P0P -1RTi0F i + x3. ... , .z R . 0 DIVI + s - - ;nr GONT ' .;-. .t..is 4.. :<tt4 i�`.{ y�- —r�s•fy �` 'i'-``+ Rc A•� .� �x *i*� !'' ._ ia �+`o"',,,��;�t(Fr>� :'�*F.f �'��1 'e�'.�``�1��;�'�� � a�� '.•i`�.:�+ .r ' �F. - ~ Conga .�G4iintPlannixtg Co izalas on, ` oerr£fy tbV.this';s a true and cormet'ccsgyot � E a iyt s N _ roc ♦ - `.n �.w�4t nz �}uag thef�ec7n �.he, d�tc�.ntr�. of the Coy r' Ca K OiR• %.� an of the Cod Cci* ky' k lann Cc>uiMMS10 of C I E , . of:'the c�z►trcrastt SCALE r4 p 120" i +0,p xy ,p rm T ty y y loo x 1000 ry R.. ._ SAhi,T.D S_E t 760 -R� K k ,s BOOK btu /4 FACE'JG. WOOD ATREQUEST OF CONM COSTA FES 28 073 FEB 26 1973 AT��'�ssuocK COIfM COTTA COIMitt W. T. PAASCH . hFF L BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Establishing Agricultural ) Preserve No. 7-73 , and ) (RESOLUTION N0. Authorizin Lan onservation ) Contract(s ) ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub— mitted report(s) of t'e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. _= Owner Amligation•-Na. Henry 'F. Duarte 1707-RZ Mary Rose 1751-RZ IT IS FURTHER ORDERED that the Chairman of this Board, .on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on January 23, 1973 l cc:. Planning Assessor County Counsel Recorder & File ow RESOLUTION NO 73/59 a,. dr . 1 J"--one O./it, 1441 T WAS ra'Voj ,.d by,A, MMM .d e.M. LJ.!IJ �M.040n_ A i 7 �emv;* � �A N 2 31973 .ILD a a7_RZ RESOLUTION T.O. BOOK 0072 PA4' 33 LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of February , 197-1 HENRY F. DUARTE, also known ,as HENRY DUARTE,, a married man dealin,ix with his separate gxg=rty, hereinafter referred to as "OWNER" , and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to county to maintain the agricultural economy of County and the State of California. 4. Intent of Parties; Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction ;aider the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- F.: yF � !S , ni y-�i �,!, v { r i x ,S r-•;,t ! F P .55 4c�`}}��5v�r��`�`.i:��s}�^S"h-c�sji '�.,�9 �� � tir :ra , . x4,.._#t ..i t h.i. t r-•+ to .a# x` t ..,fZS'}'ra,� z$ :�c.! 34, -je ` ; goon 6872 PA&E534 S. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall Prevail. -2 c f 5 t gooKDO 12 PacS35 1111111..astrictions. The SOard of Supervisors during the term of this Contract 8. Modem ion of may from time � time and Contra Costs County CsdinanCe Of County amendment to said ordinance: provided or any extensions thereof, by 69, a� to those uses listed in culture and Code Section 91 l be limited to eoomercial Agri shal written con- additional uses out that such shall not eliminate with �d said board le use dosing compatible users or assigns► a compatible sent of the Owner °r his successors s any renewals thereof. enc- of this Contract or act shall be of cQ� the teem 9• d PAn�al• This Contract shall remain in effect for Term an ing on the last day Of February 19 73 Of to (10) Years therefrom• its teras a period be automatically renewed and of This contract shall on the last day of February a period of otye (1) Year unless notice °f non-ssnswsl �e term hereof. extended for Cods. each succeeding year dosing the Goverment provided by Section 51245 of in the scanner pr ontinuance of this Contract. as - is given s during the cont of restric the end that at ell time ase shall be a ton (10) Year ter" anees shall from time to time rsns+ed -renewal is Under no circle on unless notiCe of nonarty to effectuate the automatic ti fired of either P a notice of renewal be rem the provisions al of this pasa9Ta�• s provided in section 11• renewal Except a dos- 10• des- cancellation agrees t° restrict the use of the land l or a portion of said land of this antract whereby be cancelled as to al after a easing has been sided in Paragraph Z s+ay t and mer s public h Code and c County nt nt of the of the Governae by mutual "9*4" by Section S ILJ94 the manner prided ors that such cancellation is bold is the of Supe�is �A a lindinj by -3- BOOK 6C) 2 PACfS not inconsistent with �j' the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that t of an opportunity for another use of said land shall not he existence season for cancellation of the l � sufficient and use restrictions imposed herein and uneconomic character of the existing use will be consider if there is no other reasonable or comparable ed only e agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, owner shall to the County Treasurer, as deferred t pay axes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms Of this Contract. Said cancellation value determined in accordance with the atoll be provisions of Government Cod (a) and (b) . e Section 51383 Under no circ uastances shall the Payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the _ sions of Government Code Section 51283.3. p vi 11. Cancellation U3on Substitution of New Restrictions. may be cancelled by mutual This Contract agreement of County and Owner without Payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorised by Article XxvIii of the California Constitution. F Z y 1 f4 4 .S. i'�`i �g �.• ) •,� .,.�k f`��z )r c� u�, i(�f qX ITt�� S tiss � -in a r �51�.,y� m %4t ..i im2t tt����r t' �� 1 f�Y-� j t ti + I2T ...fit;i,0 A ." 1 99 Box 6872 PAcE537 .�._ 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A. as established by the .County BOOK 6872 FAcf538 RT Assessor on the lien date nest following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the hass► which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other then those provided in ordinance Code Section 8149. li. tffect of Division of Property. owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the bard of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 1S. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract than -i- 800ft 6872 PnE539 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7 f { BooK 6872 P1A64 Al k Classification- Preserve la ssification. �rt • Or zoning 19. Effect of Removin Preserve Contract from an agrscult,aral preserve Removal of any land under thisclassification thereof the agricultural Preservs zoning or removing renewal by the County for shall be the equivalent of notice of non Code. Purposes of Section - 422 of the Revenue and Taxation OSTA COUNTY OF CONTRA C4k 440�b ATTEST ✓ � � Z By G ervisors ai Board Clerk of G OWNER � a .so nown as $enry Du rte) ry F• ar e' undersigned trust above deed or other imposed holders do hereby agree We thee restrictions. to and agree to be bound by other encumbrance holders. No deed of trust or to Fossa: All signst App=owu es d as must ssl NOTE: be ackno�+leea JOHN H• CLAUSEN. county. Coun `t.+x Bou 6872 PAcf541 STATE OF CALIFORNIA ss. County of Contra Cost On this day of , 197,1_, before me, a notary public in and fo said c4nty and state; residing therein, duly commissioned and sworn, personally appeared HENRY F. DUARTE, also known as HENRY DUARTE, a married man, known to me to bethe person whose names is subscribed to the within instrument,- and acknowledged to me that he executed the same. WITNESS my hand and official seal. a VAL BELLARIA Notary Public in and for the County of Contra Costa, State of California. VAL BELLARIA a NOTARY PUBLIC CALIFORNIA COUNTY OF CONTRA C OS T A My Commission Expires Jan`30,1973 tt 'f, ,.u, r_. � .:�: 2 t ....� 1 � :_ �,, r..�c�s -f 5` , _.�.,.p^litt�.p �v�7�S��r. �.�,�.yv�yfz:'Ya''�i.yd,.,:.y5 r,r..� t,� � �Y'• "� �<r i Hr...� t, �r�.. i �..,�. a� :KY_:�;t...ti�..t �,., ...., �.:�.. v,a � vr. t.'ty •F,�r t. t�{ t.r.. -;,��'�`y xt.'i?` .:,}s. .yn,.r_'1�.�> (;�. s. ...-,vy., .�::�1�•,�.'� C,.�. t. ,.: �,.n?„ f '�'1Y- C �. ...�a;`:'t,"" -k.. � is vyr �� a�.,'?:,.. v,..'.a ,F t n,7y,F,�� `h �,,� 1��v 7;}i,`"+�'S�?5i4,1., -iso "K- `,;� .k"�`G,,.. s5 '�` ,� a zcr`i -F,.::^`•dx� ��vj..+7i.•�.4�`,a� �+C:�f�,.,p h c't }�Ri"nio':}i�l ry .,{ C}�t .r. � h�iv:�':;`.e�S.`t •rhe b3 �"",x4 ar'�fi£,t e°C�?v`��+,e�'�N'��'� 'tµ� v: ``'i�'�'�'Y7` ..1*r{.��yy�.,•� .,}�5��r�4 '' ;y��5� i'� �, #� �.:f;�� f r. BOOK 6872 pACE542 _1707 RZ Contra Costa County Land Conservation Contract No EXHZ— S--IT A PROPERTY DESCRIPTION Pursuant to Paragraph. 2 of the Land Conservation Contra to which this exhibit iContract s attached, the land described below is designated as the subject of said Contract. S described as follows: Said land is That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said Property is contained in Schedule 1, consisting of two pages attached hereto andinco • rporated by reference herein. ` t t d Jul Revise Y_'1, 1970 ,(�'��,�✓,`3,.� .5.:{ 'tb,fr, i u >.X{ r 4:'l.� r iit-ft l xti^ �� Biu }F g4 ;.t ,r il• r;:�f k,Lfp ;z� vu, {a,a.ry, .�} s., ti}��.{4Z,. �a..af�,d .�^.t,t 't �"�• rZ+e `�,:i" ,a 5...;'f .F:�CSy,"r��s`1,. ':e.' 'X� ""� �".a w*! -�a. #,..(�•.:{�,k,;y �.<r b n�+ ..?,,.lti y.2 4..`iU,�w !�rtvni,ice, l..ya;g{'. ,"%1 %, rt1'. .S-,. tS i+�. .�� t r rW"I.•` E4 ; � S�i� r k.. .r•7 .,, .. .� { - 'g, ?�U^ 'R'C2 •^,u,3 .,..,l.'�tJ° .. ��` °x 1 '^ � kv'x.�k Y *�f'ty ' , ." 'i'�i# ytC y ik tY yp_ � fr t aY F s p `Y � 4 ,tV5t.5 r. .a i ,ter w 1707-RZ Boo�•6872 PACE543 SCHEDULE 1 of EXHIBIT rrA" That parcel of land in the County of Contra Costa, State of California, described as follows : record lg That Parcel of land described in the deed to John P. Rose, &Y 27 1912 Book 1809 Deeds, page 289s as follows : "Being a portion of Rancho La Boca de la Canada del Pinole, designated as Plot three (3) on the map attached to the report of the Commissioners in Partition in the suit of H. K. W. Clarke Thos. A. Brown , et al, in the district_ court of the fifteenths vs. h Judicial District of the State of California, in and for. the Count Of Contra Costa, and set off and allotted to H. K. W. Clarke in and by the decree in said case, viz : Of land mknownnasaLaa?ocandeilatCanada delnorth boundary e of the said tract marked by a Post and mound B. R. N. 6 ; thenceoeastwten �andi9/10is 0 ra (10.08) chains to station, said station being the northwest corner Of the tract of land formerly owned by Frank Garcia, and the Point of beginning; thence crossing a road east along the northerly line Of said tract five thousand twenty six and 62/100 (5026.62 ) feet more or less , to a point ; said point being the northeast corner of the said tract ; thence south along the easterly line of said tract seventeen hundred and twenty eight (1728) feet to a station ; thence west forty six hundred and ten (4610) feet , and crossing a road to a station ; thence north along the westerly side of the road on west side of said tract twenty and 1/2 (20 1/2) degrees west one hundred fifty three (153) feet to a station; thence north twenty one and. 1/2 (21 1/2 ) degrees west five hundred eight and 86/100 feet to a station; thence !forth twelve and (508. 86) hundred forty seven (647) feet t3/4 (12-3/4) degrees west six o a station ; thence north four (4) degrees west four hundred seventy nine and 3/10 (479. 3) feet to a station, said last mentioned point being the point of commencement , containing one hundred ninety two 7/10 (192. 7) acres, more or less. " EXCEPTING THEREFRO!•i: q follows : PProximately 72.70 acres , described as Commencing at a point in the north Boundary of the said tract of 1 known as La Boca de la Canada del Pinole which and and around B.R.N. 6; thence east 10 and 8/100 (10.08)ichainsetoba a post station, said station being the northwest corner of the tract formerly owned by Frank Garcia, and the point of beginnin of land crossing a road east along the northerly line of said tract 650e52 fret to a point, thence southeast a distance of approximatel 52 _Y 3114. 39 + � •.�' '}},�cc#,� / I, t " a�'t")r l fll5�``ri a"5+� *y��t��'`{�t43e� C,a.,t YPr t ?i;4s ry���'S'"..+t his r ny.r4+?a°j,j�}a nC�[.ti't ��)f itu .+N p ��frt�' t � ♦.,..i N 3'� �3qr,`� 72o C 1.. Jr a �; soon fi8 t thence west approximately 2819.19 feet and crossing feet to a point ,, the westerly side of the road a road to a station; the north along1/2 west the west side of said tract feet twenty and station;Othencednorthstwenty- � three (153) feet one hundred fifty west five hundred eight and 86/100 one e and 1/2 (21 1/2) thence north twelve and 3/4 (12 3/thence (508.86) feet to a station; seven (647) feet to a station; degrees west six hundred forty seventy the point north four (4) degrees west four astdmentioned pointebeing3/10 (479. 3) feet to a station, said 1 5 of coirmencement. t ! r } 1 � s r 2� ` t r ! jF i t }j r 1' 11.�y ti?:•. Qf};;irs � .;.,i'.k.c. .:.Ay;.• t s, .}- ,.j � :4t,,.: r 1S".Y'r •;{a��'�" ,{S,�:�„ _ i�: y tx. a +_t {,i�.us.,, 't'.:.! "'l,y h5 d :li..{..;1.5,•K��A. t :}xc.. iy.-ir--'i $ .uk ..v .., wC. �}J .<T-:A-tR .}f l' � ,4 �}i 1 ti, •. �r t;... � x•.:F �,•'y• ,G fi�.4;,�'.. ,f` :�ati� .y.c:� L 'i,, 2%t7 V.�tS a.t' ?a.?' �ima ik 3 � h, fiL ,1 .�N,`�V°'i a�r�t._a�f. a:n'S�,li ♦; h 'V. r,3,�;". _�; t'-J€ '�`sV;�,'�S, >�L£r' tr ��,� af; kti`,4 p j r� �..,�as •1' �t 1:.�. ;,y��sy `.v" k i r a n• t pz =-e�e7`�. � �r� �.A Xy�'+� •,�% 'tv:�� �,, ,�" � 9x,�R3� y,�*s-� F. �, � �ysn t'l�w,��v `� ..K' � Jy vk�J�'� ky.,�w �-r +� s-� k�. w t•* ,�y �jJ c� � � ! f ""r,u4aa 'S �Sss i a t�''� �" � �,-"SYS {�*5C rt�'Ty �$'� �� �..ZR'M e .. �. rd.,F,_�1 s�.�.f<#:r�� "�'�" �lt���k ' �?.,�;,P,; �r+{�4 s'•,.S��.F,�x t{_. +-. ��u;'F.; 1 Contra Costa County Land Conservation Contract . 1707-RZ EXHIBIT s BOOK 68 ftf545 AI"MAHLE LAND USES Pusauant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and ponditions not forth below. Said uses and structures 01hall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107= 2. Existing Conforming Structures None ). Proposed Structures None 4. Existing Land Use Grazing of cattle., • �aJ S proposed Land } us. t }. F Grazing of cattle. -61 4 r 01`10 F„ bm�� r, :4 PR , tyj, ax '+''. 7 xY` 4}'} 1 ~P C�' ..3t1 t'•�'1�.r A'-.TM 4`�,r a'� r ��fr r} Yrs j��yub - :�•��.��'R��,?'.Z jY:�! + �z ,�v �l,rr �}Tk� `�r3''R ! 7` ��v vT`� h� Ih a}y� �rt7.1 ;.j f ley J 1 1 } A S.'.. • l 71 o."} Y1 P"� EL if r' r r • » as'`.i,P�ti-i•,"'�"�+`� v•'ti 1r S}}:-�y 4:"�,ei3•� t55pp:6.. '�,'s.Fl��r eye.'.n��`�'"� s-orb F.r e �� -}.t } �( rRr 4 Li,',�"v_ .st �.p'�j.'T rw..:'*.���23m."fir-�' ri'A..,Hr'Y,e^��39ifsiJ'`r...s 7'= � �h ..Ss S ,y ,1�S'4.. i>3s 'K..'e�a i?'�.Y��.9 k �..n 7, ra v�•.y'� �! .1 -,,,.y t,K j y Y.•� v i � "s�s �'' i..;s�,i Eh, �'s*.ai�t!s.4,,� ->,R4 ,!�' .. :��i',4i; z=�;-' :t_,,.;v,a�o:�F-,.���R.f-�i.!; -`Y�'c,s..g �i:,�;. ,�•�. .t`§�.lrs��v� � �i .��+ w � ,� .M .r; .1 t -5 i s .'t��v C+a r"';�...y:,�;, <#r � �j�: ".�. +,-' �ti95"'Sv >•,,� ...L';. ..rte; to<,ct4��%+='1 waioxl;� .�'fjr� rS e'�5_.;t: '; ��f:,.�+*��,�'-' '3 �.. k� •.��'`��x'�', `?{..i.fi{�-`+? e .,a rear 1•:�r� :imp' a , STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 1n the Matter of TH l-OtaID OP SUPE MORS CONTRA COSTA ............................«....._.................................,........------------- « C(Xi'tiTX. 1674-11Z; 17O7-RZ;1706-RZ;1684-RZ; .......,._.«..................................._._...........,......_. .._ «« 1708-RZ POm 33666 Affidavit of Publication Nortel;or STATE OF CALIFORNIA. 'PURi.IC HEARiNGS neronr TfiF: COUNTY OF CONTRA C=A CONTRA CO.%`TA COUNTY 1IOARn OF Nt;P,ItVItiORS ONilVZONiNG MATrf'.uq I NOTfr'1° P. hrrr),v given that on Tnr:day. Jntivary 2.1. 197.1 at 2:00 l,,rn. in nru+ru in? R.David Riotto Int the Count .......... .._.._.,.....,.._......._.hC1nR duly sworn. Building. CornerofPineaandl deposes and says, that at all tittles herein named was, and now is 1f.%mbar Streets, Martinez,. Cnlifnrnin. the Contra Cnsta; a citizen of the United States of America, over the age of eighteenCounty Board or Super;lsors will hold public hearir g to years, and a resident of said County of Cancra Costa, That he is icon_sider recommendations of the Con!ra Costa County Plan• not nor was at any time hereinafter named a party to the above 1nlnr Commission on the fol• lowing applications to rezone entitled proceedings, or interested thetein, and that all of said land. The locations of the appli. time was, and now is the principal clerk of the printer of thecants' lands are within the un- incorporated territory of :he MORNING News-GAZETTE, a newspaper printed, published and !County or contra Costa. State inr California. generally Iden• circulated in said Contra Costa County, and as such principal cried as follows (more precise t clerk had charge of all advertisements in said newspaper. That lin the ons may be examined � f�Pe in the Oifice of the Director of the said MORNING NEWS-GAZETTE, is a newspaper of general Planning. County Adminisira• A tion Building. Martino Calf• i circulation as that term is defined by Section 6000 of the Government �rornta:}St a r p Simmons, 1674-114Code of the State of California,in the said County of Contra Costa 274.2!) acres. more or less. �o- Icated on the north Bide at published for the dissemination of local and telegraphic news and jAlhambra valley Road. ap• proximately ISO feet east of intelligence of a general character,having a bona fide subscription list Hampton load. Alhambra Val- !cy arca, from General Agri• of paying subscribers and which has been established, printed and cultural District to-2) to Agri. , cultural Preserve District (A- published in said coboty for more than one year last past,and which 4). Ileo le. Duarte. 1707•RZ. is not devoted to the interests or published for the cntertaiamcnt of a l acres_ m c n Citta[ Cl ed on the south side of Atham- pard ass, profession, trade, alliti face or denomination, or bra valley Road. approxi- any number thereof. mately 1.5 miles cast of �Hamolon Road, in the Alham. » 'bra Valley area. from General Agricultural District (A-21 to That the..I+10TICE-4F HEARINGS ON APPLICATION_S (AAgt4t�uiturat Preserve Dtstrilt «...........................«_. _.«. t 3oe Duarte, 2706-RZ, ,30.21 ¢{ .A acres, more or less, located .-X�anr the intersection oft Ga cial ....................«_...,...«..«__...........,,...«««..««»..«..«.,,_......__««.«. Ranch Road and New Bean Creek Road. in the Brfones` NUI%,area, from General Agri-f of which the annexed is a printed copy, was printed and published cultural District (A-2i to Agri cultural Preserve District (A•' 4}. in said paper at ImL.......... ..SiaOle_«« ._.... ._«_ ..».._... Roste Santos. i7MRZ, 116.36 t acres, more or less, located caslerly of the terminus of Garcia Ranch Road. approxi•, i to wit: from the.......°3]7la..day of.---JA�il3T7 . 19«111 mately 2000 feet east of the in. " tersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills tothe................« - ... »..day of ...... .«._ ««...._....__«.19«. «, area, from General Agr(cu}- tura! District (A-2) to Agricul- tural Preserve District (A4). 1 William W. Wailacker Jr., both days included, to wit: iMil-RZ. 25.36 acres, more or less. located on the south aide of Glen Fraser Road, approxi- mate!y I mile west of Frank. Ja 1137, Rn Canyon Road. n the ...«.............. ............. _.«...... «« «_.».�.««« Franklin Canyon area, from General Agricultural District (A•2) to Agricultural Preserve ....................................««_.. «««_... ...«.......«.««««««..«« f District BY orderder of the Hoard of Supervisors of the County of (Contra Costa, State of Caiifor. i 1 DATED: December 3, 1972. t l W. T. PAASCH County Clerk and That the said notice was published in the newspaper proper and ex officio Clerk of the Board of Supervisors not a supplement. l of the County of Contra Costa. State of California / BY Aileen Elder i.- t.....a. ..»� .:.. x r_.«.» _4r I- "6 Deputy Clerk No.3,123—Jan 3, 1973 Subscribed and sworn to before me this ........ .._.. .>,_' :._f=1<� �..:' _. ...__.. « M IS ;.mail L4M Lj Notary Public in and for the County of Contra Coca, Stme of California til t tt-. �i SF: I W. T. PAASCH 1_A �l t #��i <`:�S t' GLCAtt BOARD OF SUPERVISORS tC C:+ :4' a;`d!ti "ONTRA CO$TA CO. Deputy St.. NOTICE OF PUBLIC HEARINGS BEFORE THE CONTRA COSTA COUNTY BOARD OF UPERVISORS ON REZONI1,70 MATT^RS NOTICE: is hereby given - that on Tuesday, January 23, 1973 at 2:00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following applications to rezone land; The locations of the applicants' lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California : ) Mary Simmons, 1674-RZ, 274.29 acres; more or less, located on the north side of Alhambra Valley. Road, approximately 1600 feet east of Hampton Road, Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Henry F. Duarte, 1707-RZ, 120 acres, more or less, located on+he south side of Alhambra Valley Road, approximately 1.5 miles east of Hampton Road, in th.e Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District. (A-Li ). Joe Duarte , 1706-RZ, 150.11 acres, Tore- or less, located approximately 1500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Rosie Santos, 1708-RZ, 116.96 acres, more or less, -located easterly of the terminus of. Garcia Ranch Road, approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). William W. Wallacker, Jr. , 1639-R7, 25.36 acres, more or less, located on t e south side or Glen Fraser Road, approximately 1 mile west of Franklin Canyon Road, in the Franklin Canyon area, from General Agricultural District (A-2) to Agricultural Preserve District (A-1� ). By order of the Hoard of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCI1,- County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contr Costa, State of California By leen •lder Deputy Clerk 1707-AZ Henry F. Duarte (Applicant Owner) 1: Acreage: 120 acres. 2. Location: The site is located in the Alhambra Valley area and lies "Me Marlines High School i Elementary School Districts. It lies outside the proposed sphere of influence of any city. s. ingus r: nue terrain consists of steep hills. 4. ZoniB&: General Agricultural (A-2). S. Land Use i Value: 11ie site is used for the grazing of livestock. The assessed value of the property is as follows: Land: $12,000 Improvements: - 6. General •Plan besisnation: The Land Use and Circulation Plan for 1963 recosands Extensive Agricultural. 7. Build s: There are no structures on the site. 8. The environmental impact study is attached to this report. It reco■mands approval. 9. Comments: This application has been reviewed by Mr. Paul Leabors, Mru y-Tarm Advisor; by Messrs. Joe SwiceSsod and Frank Ascatigno of the County Assessor's Office;amd by the staff of the Pleasing Department. All roviewen of this applicatiem Law r+eoormuemddd - ' 10. Staff aecaa■aodation: Approval: H-1 CtT OF MIIIARTINEZ� A2 I I SEE / CON 2.2.1 SEE CON Z-3� i t i jf SEE CCN 2-13 ——— s BRICINES I r C �4 { rr 1 f f REGIONAL t + 1 PARK I p 1- 170 :T1, 7 CONCORD DIVISION. SECTOR I :CRTifT TM: TRs n s.c rA► CONCORD DIVISION. SECTOI TO IN QRGrNA u NO 71.10 AND rant A ►ART T.ERtu. CONTRA COSTA COUNTY,CALIFORNIA CONTRA COSTA CQUNTY.CALIF SECTION SA.SUDSECTION 902 Of ORpNANCE N0. 312. .=5%•NE�;£D BY OA pNANC'{M,1. TTA�� 1 T. MAS:N. CGJATT'CttRR�'� •MC" IS TML ZONING DRpNANCE Of CONTRA COSTA C UNTT.STATE Of CALIFORNIA y . BEING SECTION 3A.SUBSECTION 906 OF ORDINANCE NO 382, AS A tl; To-10 ■NKN IS THE ZONING ORDINANCE Of CONTRA COSTA CCU! u ENVIRONMENTAL IMPACT STATEMENT 1707 RZ HENRY F. DUARTE -WIX�_ 10 rr ,, �.. ..LHS+} Ra — / -J t ..j!'— i `1 .�. �"'' . Sys;'. ,•��; { LOCATION MAP Note: Boundaries of Subject Prcperty are Approximate. A. Preliminary Remarks: 1. Application: The applicant, Henry F. Duarte, is applying for a rezoning from General Agricultural (A-2) to Agricultural Preserve (A-4) of 120 acres located to the south of Alhambra Valley Road approximately 1.5 miles east of Hampton Road in the Alhambra Valley Area. 2. Reason for Application: The applicant states that he desires a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of his property in agricultural use under the terms of the California Land Conservation Act of 1965. 3. Associated Projects: There are no other agricultural preserves abutting the property. Ther are however, a number of agricultural preserves in the immediate area located to the north of Alhambra Valley Road. 4. Area Description: The property consists of steep hill lands ranging in elevation from 620 feet above sea level to 1,120 feet above sea level. Several steep sided ravines containing minor streams drain the property and flow in Arroyo del Hambre (Alhambra) Creek which in turn flows through the Alhambra Valley and empties into the Carquinez Straits at Martinez. Vegetation on the property consists of grass lands with tree cover in the ravines 'and on the north facing hill slopes.. The present use of the property is for the grazing of cattle. There are no structures on the property. The surrounding area consists of steep hill lands used for grazing and similar to the property itself. There is no residential development of significance in the vicinity of the subject property, nor is there any other development in the area. B. Environmental Impact Evaluation: 1. The Environmental Impact of Proposed Action: a. Beneficial Environmental Impact: The proposed change in zoning of the property to agricultural preserve will create no change in the existing use of the property which is presently grazing. This use is compatible with surrounding properties which are also under the same or similar use. The conversion of this property to an agricultural preserve will prevent any future change in land use for a period of at least ten years and aid in the preservation of the rural agricultural character of the upper Alhambra Valley Area. 3 j b. Adverse Environmental Impact: The conversion of this property to agricultural preserve would have the effect of lowering property tax revenues to the local governmental jurisdictions. 2. Any Adverse Environmental Effects Which Cannot be Avoided if this Proposal is Implemented: ( See item l.b. above) 3. Mitigating Measures Proposed to Minimize the Impact: In accordance with recently enacted legislation, the state will partially reimburse local governments for the loss in tax revenue. 4. Alternatives to the Proposed Action: a. The applicant can continue to utilize the land for farming and grazing under the present zoning classification. .i b. The applicant might at some future date request a rezoning to a more intensive land-use. c. The applicant could split the property through the minor sub- division process resulting in the reduction of parcel size to the point where it is no longer economically feasible to retain the land in an agricultural use. 5. The Relationship Between Local Short - Term Uses of Man's Environment and the maintenance and Enhancement of Long - Term Productivity: one of the intents of the Land Conservation Act is to remove land from speculative type development. By retaining the land in an agricultural preserve under its present use, the land will be removed from speculation for other types of develop- meet. This restriction on change of land use is for a minimum of ten years, and may continue on indefinately. In addition, this proposed change is in conformance with the 1963 Contra Costa County Land Use and Circulation Plan which indicates an extensive agricultural use for the area in question. 6. Any Irreversible Environmental Changes which would be Involved in the Proposed Action Should it be Implemented: The proposed action will not make any change in the present use of the land; therefore, there will be no irreversible environmental changes. 7. The Growth - inducing Impact of the Proposed Action: The purpose of creating agricultural preserves is to retain the land in agri- cultural use for as long a period as possible. Because this is a very low intensity use the effect will be to inhibit rather than induce growth. 2. I c S. Boundaries of the Area That May be Significantly Affected by the Proposed Action: The creation of this and other agricultural pre- serves in the upper Alhambra Valley acts as a barrier to intensive development in the area. The area affected is the upper Arroyo del Hambre (Alhambra) Creek drainage basin from Reliez Valley Road westward. 9. 2ualifications of EIS Preparation Agency: This EIS has been pre- pared by the staff of the County Planning Department. Consultants on the existing use of the site and desirability of its continuance for this use have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's office. dmcjclw_ 7 p -i � • i ti d. Resolution No. 83-1972 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STAT OF CALIFORNIA, INCORPORATING FINDINGS AND RECW4ENDATIONS ON THE REQUESTED CHANGE BY HENRY F. DUARTE (APPLICANT $ OWNER) , (1707-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ALHAMBRA VALLEY AREA OF SAID COUNTY. 11ffiREAS, on September 17, 1968, the Board of Supervisors of the County o Contra Costa, California, by Resolution No. 68-635, established rules and pro- cedures for the establishment of Agricultural Preserves and the execution of land conservation agreements; and WHEREAS, a request by HENRY F. DUARTE (Applicant 8 Owner), (1707-RZ), to rezone land in the Alhambra Valley Area from General Agricultural District (A-2) s. to Agricultural Preserve District (A-4), was received on July 27, 1972; and Y WHEREAS, the Planning Department reviewed the aforementioned application is and finds that this application meets the Land Conservation Agreement standards s and conforms to the uses allowed in an A-4 District and thereby recommends to the Planning Commission of the County of Contra Costa, that this application be approved as submitted; and ,,. WHEREAS, after notice thereof having been lawfully given, a public hear- ing was held by the Planning Commission on Tuesday, November 14, 1972, whereat al persons interested therein might appear and be heard; and r WHEREAS, the Planning Commission having fully considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends t ithe Board of Supervisors of the County of Contra Costa, that the rezoning request f HENRY F. DUARTE (1707-RZ), be APPROVED as to the change from General Agricult- ural District (A-2) to Agricultural Preserve District (A-4), and that this change e made as is indicated on the findings map entitled: RECOWENDATION FOR A POR- TION OF THE DISTRICTS MAP FOR THE ALHAMBRA VALLEY AREA, CONTRA COSTA COUNTY, CALIFORNIA, INSERT MAP N0, 11, which is attached hereto and made a part hereof;an� j BE IT FURTHER RESOLVED that the Planning Commission further recommends �entkhat the Board of Supervisors sign a contract with the property owner as a requiro � g a to establishing Preserve; and • BE IT FURTHER RESOLVED that this recommendation be approved because: T� Resolution No. 83-1972 is application for change from A-2 to A-4 conforms to the Land Use and>Cireula ion Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resole ion and deliver the same to the Board of Supervisors all in accordance with the rovisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution in- corporating the above and aforementioned was given by motion of the Planning Commission on Tuesday, November 14, 1972, a regular meeting, as follows: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly: called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following. vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. ChUrman o?—the ing Commission:of the i County of Contra Costa, State of' Californis ATTEST: % I ...................... Secret f the-pi anning C sion of ixe , Countyllof Contra .Costa, State of California -2- .1- t .:. -. `- . K r +..i a- y --" ,*x:w 'ySt , 1 '.'d= + Y P.'- 4,r.a£Y, t ,•;�_ •thy ,,�y-1. Y,.- �''�f }; ', {� ii k G. '=w•. y t r.ys $j�% �'a 't P s r' ",W ><f. y .r .r r 1. �`sf ``'�4!��.' ,�.� .^i" 'tea err .s'+i'ti"a�'+t•:`!. .w�.- '' t* { r � Y . i6 o! { > S� •f- 11 ' y ,�yy r !+' �, r ��`.. 'rr`� + i �-7t 7Li r:�}. ,M r. ,s'•-'.'♦ham'_ ,♦. -�- j S 3 ,fir -?.p n:• . �Fa=.� ! .. rw < P, .+' .'t 1 2t --- ;;�" .y tea"`'-° �. �.t t. P - + rr r y u 4."' ,v + :'�1K( - _11..' Fri. 1,�:"� J♦ t ..•,� t J '�R�..+- �.% „'� r'S` .i`" ,� :: 7 .+cF; ... ,;;� , racy S X Err , l i t t r .a :* t , t P Pt. {�f E' i N -2 1 t.-"-t it "•� ; 1� -a♦ :f-; •ys ,;-, -'"v � �` P>i�' - *Z' - .F. h' t '}Y r �-, is `'` ,yw .",� '' a t * ls: 11 w ` r� I 11 ,-°Y fi d, t , t a. �, 1 . 1. 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' � , - : ll. . _ "'. _­ �­ 11 � . I � . ''.. "" �"� .- '_ _'_­­_ .' '� _t , , I '�"' ' ­_ .'' �. I", _. - ` i, w 3.. M I z�,N e ' ­ -. .. Cgcfra Cvs a County Punning 0immissiorl State of caii[or I� - r yx rsa c L'C-t=icfy LI18LC3tS t2i3` XlriCfllC�C►. G3tOt_-.A. P . "- ,' - s 11 IT W E `DI S T EME r 'A"E RO R TN f t''il . . t4 .. "r VA .' -_._d '1 tN#ERT AA ; " ,[!._.,I f r.,,.., kw_ _. _ - s ;, % . „^, E--. :rciihs+rtiug tie} a the.decz ian af. fire •i nJlUa C ,tai C z=..�,,, t; li _ r + � k xk f'gz zz3s�sntt iII g Zti t� -9f �. QL err,. �.r�... L P - - «• I'll x r _ -. - . . „ 5.: .e -. - n - e n. - .. "; ,, , ,. -: , �. .. - . - ...3 t ,, . q._ 1;- -09��C� 0!�V_ "; W'll I I -"-. f fy4 .`i f2i] £> Lail .�' .�45 Coi ita. ,g . .,•,. IL. 11� ., _ Lith M �' ,.• , _ �`'_ .fLT Sf3 ti 1_ TI'tu2i.9•k1t4L�y ti . . -k .. SCA` E 1 �t FEETys x. 2!��-'_ Y n P:s u iGid' .;i.Stl� _Of W. 1'01'ru�t�' uoa:I 2000 _ ; soo, r000 t r , - L, ,,' - =rr _ "'���iiitttSSS... �- .. - -, ,... x s .... , - _ - : . G t has',fir. : r`k' Y'• `ri a` x t i *, � ,n .tai r z ?t *. a y. R ., �. _ •�F�,'t. .�..+,�'-tom„ r t ,t�'}Y� :5.. tilb" rtYt T 1\\ a^ } t- , : A ? K C c ,. . r _A Z Q1E F R O M. A i 4L .w _ - _ s ti .2..- T� A 4 1G ?:_ x � - J ,� .�Y� t. f . W_ - • � 4 Y. - - - . '' 1' - "�' 1 , >_ l '� - _ _ -. t - - .. , t, -. ,. . - r,,: - . - • I 1 . , . . . 't - —. Y. .. , « rf ' -r r ¢:mow. _ _ - - _ r,' } r.. _ -. :, 1 rS, ,,• t - a •may / _ f •"���l�A�.\� rx f? ? j. I.� _,V .'.-�_ j ., - - f� 1 /f y y y. t y. . : - . 1; .. . r y �_ _ a - > .i -_ - I;.. - _ " p r -: . _ _ r' ♦. 4 `-r, 1, - o .. I . - -, f . - �t� ♦ _ 1 ,}� - - i s ,moi -' a,,. .. - .,r 3' µ . . ,e 1 _ l :1- - .:t w } _ p £," . s - :: t : M a 1 -�' - : _a , f - - - d. G f? �1ON �6 �' 1 -;' YS - ;, - �� - ,. L J. - .., - .. �, , - - y REMA N PARK +«. 4� a+ ,,. 5 1. - { _ , < - -- - i. - / ,.� t f / x _ a - - i 4.,11 - _ - .. �r - - ♦ r - - . Y _ <. ..b f . ... - . - - _ y ♦ _ - .? t' �yE 5 . �t t , J a - , . ,_....., "..._ _ RMAIN a - : . T ,.1 - _- ~ J • .per _ . , .. _ }: `ts.!_ �ECOIMIME-NDATION FOR A PORTION OF , : ��� y ,�a TRiCTS MAP FOR THE , � S 1 H`E ty'*1 t s S5`. i� e « AHAMBR VALLEY AREA r� �_ - � - s £t { n CONTRA . COSTA COU NTY CALIFORNIA -,ss; ` _ a �- � !S - T , MAP N.0. �. ,_ z . _ . - ?"r'+� ., - i: t t,� �LTi /� I �,�Q 1 f:Llfia't''.IIf.II Gf �@ .,rte Contig Cost:County Planning C()mmis._inn, tate of CalifnrnitsT do hereby f �f4 TCON OF. — . c�rtifyt3taE this is a trsa a�3 carred coY}a! A POR r ,�} _ _ y y - C y J; t M1. , °� • T1•If` f TRl�rs MAP l`OR THS ALFtAMBB� .- .. - -'' 4}� -�+, .. c � ._ .. .. _ •.. r. tt # a ��'L EY /AREA INSERT MAr O. 11 _ -- — ` , . a - . - _ ind3est:ng se n ihr c eri i�,� og t!se .Cc�nira Cr:3t3 Couaty f'lailli�:zg �: ,< h o T� u z l ee rnstten of is A e 0'e',�� 17�"R Z `,_ rt N a r •Comuii. I C ,- . . it - F _ _ 2 l ,.M, ac rt Y Crta3ml .sf the C YcL:, 'USIA ;`c h - I C�ain.:l ita ♦ -,;,. '_1 :1'' �.a};s r:'L'• 1:;L'r _ .. ^y, - ` E.E I 11Jz+►7rrt u� .c- oafr� Co s: C��inrp r� , � r s s �F a t •{C r >� 2 _, a } � ;.t y - $_ .. ,'a'. - -. - m.` Y 1 5 y S4. i - -. , _ ;. � � _ , 4� w .• ". . EINOI A >, ,. - N u: �# - _ r A �+p� ) 7 BOOK uW 14646 RECORD AT REQUEST OF FEB 20 1973 MAMMMTW FE AT/a !�Q O'CLOCK 2 t9?? CONTRA COSTA COUNTY OR$S W. T. PAASCH COUNTY RECORDEn FEES OFF'L BOARD OF SUPERVISORS,//CONTRA COSTA COUNTT, CALIFORNIA Re: Establishing Agricultural Preserve No. - and RESOLUTION NO. 73 6 Authorizi Lan Conservation Contract(s). The Board of Supervisors of Contra Costa County RESOLVES that: , In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and F' In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969, This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- witted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent -with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. Omer Annlication No, , Joe Duarte 1706-RI =a Rosie Santos 1708-RZ IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on d a n uar, �, j g Z 3 7 cc: Planning Assessor County Counsel / crrnruo COPY Recorder & File✓ _=Av, A'd We is 0/J, JMWWMI RESOLUTION NO. 7 3/60 &;t...a....d�,, ,.�4 ri.or. 4 Cowbu c.wtro Coseq, C.%ifor.i., ow /l.. d.l..iro.w.ATTEST. iii. T.PAASCH — is Simi. • fof�i.io el..i q/ ..id B.rd ./ 8W.W..M �.� �.�... JAN 2 3 t9T w.. /706 BOOK 0067 FAGE2y�7 RESOLUTION NO. LANA CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the L.�+ day of February 19 73 J0E DUARTE, a married man dealing with his separate property, hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: Z. Property rt Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. p se. Both Owner and County desire to limit the use of said as in order to discourage premature and un- prey to agricultural us necessary conversion of such lands from agricultural uses, recognising that such land has definite public value as open space and that the pre- serration of such land in agricultural production constitutes an important physical, social, esthetic and econcmie asset to County to maintain the agricultural econany of County and the Stats of California. 4. Intent of Parties: Enforceable Restriction. Both owner and County intend that the terms, conditions and restrictions of this Con - tract be in accordance with the California Land Conservation Act of 1965. as do. so as .to be an enforceable restriction mer the pro- visioas of Division 1, Past Z, thaPter 3. Article 1.5 of the California Rev"" and Taacation Com• ! 't _J,tA�.,,rtkSYih.,,}'..;,�.;:,�4'`^yay'9�roei:,"w�2n'+.�„"Fa,xIr:n;:"fi:it t 5''°5 t rMsi'Sr,r�..'roix.t�;;i��a"*Cs'1`y s}•i)arPaf�:,..fi...y:.rodtir s>,f+i -...a�:i�'<;t`+c'.s�.2.iro•K.r.Y�x..,.Y�:.�d;:.5�,�i r'S'y H'_L:.,YYra 7'F_�s.Z,a,bSuraNi!i..rrq r r.o y,..h.,.r..<yr.>x;�:?£yd°k,�c74;'"�"�'+',..4:_J�.+,1".cs# t i.,...a.y��7MtJ.titf.?'�,•',F�u. t�'�ytrr•yy{a,--;.-+.r.}+ro.�fC5`H .Inh:';�;.ri!,l#�...1t}�.'jt q5a,Mr,��ti 1.rp_.4'r!S..4iw"�a,,.(t�'�4.`F'"ar ; � r+z 4MMr:ar;t}R;y..,�y Cl+1��..r 3(`;7,3n1ava.;"Yr',+v,::,,.?ro'^:.+e`i•,s y�r y`"r E.SFi.t .roa5`7 s s.e, I�, }- s,-. BOOK 0067 FACE 299 5- Intent of Parties: Effect on Property Value. It is the istsat of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article xxvIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes Is substantially as favorable to Owner as the legislation existing on the last renewal date. G. Governing Statutes and Ordinances. The within Contract Is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of'the California Goverment Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title e, Division 09, and Resolutions of the Contra Costa County Board of Supervisors Nos. 6� and w. 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible wee as listed in Contra Costa County Ordinance Code Section 9169, which is hereby incorporated by reference as if fully set forth hereins pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit s, which is attached hereto and is hereby moor- posted by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of Conflict or inconsistency be- tweet the uses allowed in this Contract and those specified in said soaieq orftlance the prowinions of the contract as set forth is i=hibit � shall pcswil. .., t},Y`�-�{3^1'i 2 r i; [ t , � }1t.K �+5..�} `-Yca.;r "t t }n.��� >f,• � r x1 F. `tz ..•..t• +.�F�.vy Yq 4K:�ai f�, ,...,.ti" 2 �'..' `�_�..t _;ki, 14` .� 4 1 rel.?+ i rY.S..75"-:th`f�,.:,ryr= a7 :,.-t£�r *w,.l:.yl x....c{:,+t xx'4:.,t;. -:cl;..�`?c 41i: �' �t c,tii k...5�.. ct l�hi�k'x.{'c'.-.>r 'W'��L�~,•,( rt.::*'{, c - ....,'s -„ t, t ti c .,.,.:;.+ , 4,..3^.I:. ;# 41;�rr�.. � L... t �,4 .5 t� r ti•;r3r+ .rr� Y{l 7 -(._.. q-' r ... .; ,•y st�4 <x�. ,1. rax\yi -5J'" �'+tP rs :§'!�" r,c;.F y -}r�" '�� '�t:r_" .::s����� �4 '�;',� 3`'�.`.�txY� �4�taf�.�3a „.,S..,Y.`,, `2 ta�.y ,•�j ��k �,'" � ,xy� T'' c a .d .. . - Boor 686 t The Board of Supervisors stsictions• a tame of this Contract • S. hodific:tion °f fres+ time to time and during tea Costa County Ordinance Of County e;aY ndment � Con thereof, � sr in said osdin►ance I provided or any extensions those uses listed Code Section 8169, add to scial �riwlture and onai uses shall be limited to cos�a 'Without written con' that such,additi t eli*inata �tibls uses and said board shall not a cmepatibla use during rs os assigns• r or his success° sent of the Owner zena�+al6 thareolo the term of this Contract os any --- efiactiva C�enC- Renewal. This Contract shall be Tesco and shah remain in affect for 9. . in9 on the last day of rebru"Y• 19 • 101 Years therefrCm. and its tesus a period of tan ( autceatically renewed of This Contract shall be the last day of yebruary ' period or (1) Year on -renwal of non extended for a Pa of the tame hespf, unless notice neaent Code. Gose dur s each succeeding Year moulded by Section 51245 of the this Contract• as manner P of is given in the contin►uanca times duriAg the of restric- the sed that at all there shall be a ten (10) Year term to s she►11 imam ti�a to tlN renewed• 1 is given. Oar Ao eiscnautae►ce automatic o! nron-seenera to effectuate the tion unless notice of either Party notice of re"wal be requiredprovisions a dad in Section 11, the pro~ renrsual of thin �psaPb• dation• yeCapt an PtO"h the use of the lanad des- 10. Cance wbesebY Omar Sgrees to restrict d land Contract as to all or • postcon of mai n Ibis has be Cancelled ing been of in pasagrwb 1 NAY 11 Ormer after a Public bear arA Bribed �9sarspt of eba.�tY aed S1.2" o! � Gowa�nt Ade by ** l � P"Vidsa �`� ►t ,oellatior► o� ss S) k, Si k r i 9 i E1 4 $�� ,ert'y t y .., y b ' s ✓ t f,t t .r! r f ' r! £x +'' s.:'n i� 14 '�g' �! +xSTr ,� f�a, T,, (�KT use �`f4Y-rtTRr ilsz'if 47'Y.f3 tx.a..".t}.j°3l fi -'.. ,ti a.a, z+ i, 2' t t,:i ' ° ,r3 � :°i� T ; s 0 Boor 6867 FACE 3C1 not inconsistent with the purposes of the Land Conservation Act, and in the Public interest. It is understood by the parties of an opportunityfor that the existence another use of said land shall season for cancellation of the lnot be sufficient and use restrictions im that the uneconomic character of posed herein and the existing use will be considered only if there is no other reasonable or comparable agricult land may be put. ural use to which the Upon cancellation of said portions of this Cont to the Count ract, Owner shall pay y Treasurer, as deferred taxes, a cancellation fee- in an amount *qua' to fifty (50) Percent of the cancellation value of the released from the terms of this Contract. Said property being determined cancellation value shall be in accordance with the provisions of Governs (a) and (b) . nt Code Section 51283 Under no circumstances shall the payment of said waivedo deferred, or made subject to any contingency w}y cancellation fee be fever. Final cancellation shall be effectuated in accordance with the provi- Bions of Government Code Section 51283.3. 11- Cancellation u n Substitution of New MAY be cancelled by mutualRestsictie�ns. This Contract agreement of County and Owner without deferred taxes or public hears Payment of ng if it is replaced by an enforceable r'eitric- tioa. authorised by Article jibs of the California Constitution. -M K�f 4 ';. � ..�� �:• h..'`i. �..� rtt,.. , a �;At..,,4 1"'^` �:.et.�u� , :Y h ax. >, -.tip, r f't v t+ .J t,:^r. >3c�.w. i +.: {: r.a. -3C'+wd a ^i44,k,'r..u:• 'tt_...- , . .-`�' }'- Tr,}.`r,. i. r_v. >i r i, Ir.�. ry4i .,, Ua .,,.ri: ','... n.M '3.�,.;. +:i4 - d...:.�`y6y,� r 1 3.,k..:•�! .,s, ;.. 'i�,Ml.,���r-:+Y.,.>•.�SJ'c.. '�:h�rY r}iri �.. tr '�4 '�` '��arG N; i ,w. Gr. r*, v ,'". ¢ } y4,t, 900K 64 6867 w3O2 . s, jjPan the filing of any action 12. Eminent Dein procsadin or con nation of the foe title of the land in anent domain fntract or any Portion or the n acquisition of such thereof subject to this Coupa ublic improVe- eminent danain by a Public agency fora P land in liau of which Owner agneas to restrict int, the provisions of this Contract by null and void as to the land the use of land described herein shall be n so condemned ar acquired. inent danain, subsequent t'0" the filing of an action in �' If. as to all or a portion of the is abandoned the Proposed condemnation d use set forth subject to the Contract, the testrictions on lam the parties herein, land subs than agreement of in this Contract shall, without fur tans of this Contract shall be in f be reinstituted and the ull force and affect• dies oIn the s vent that Owner fr Breach of Contract. 13. Tisa tssus and conditions of this Contract and the fails to cooplY with the substantial pas- to render the use Of land or a Por- effect of said breach is I use thereby negating the tion thereof unfit for further agriculture finer shall pay �' the County a OUR s and affect of this Contract. assessed value of purport equalized 1 to Ona Hundred Per Cent (100%) of the stablished by the County �� ihit �• as the real psaPertY described in Exh -S t� 2.t7wi.A- t r t t v tit 4 ti. 5 tit-'t t:yy fir*- t r� ij ei:,i 4.. r - . a1 � 61 '•* 3uX ._.Y. •, «'SM.:t}k� },.:.•�' };..is;,rn �. .:k. S 1.,i..-:Y t T1 {'i l. f'Y k T ej.s :_�1r 7w'...• �' tiri n : �i ..rte �y�'.'�Z. ;1 s's 'w' ,'ti WAR a.5. ys.i r`d n, 3.�... > 4k ^*'C4•. :�' •+'t'�t'` tier.S:'�i .. ,. 2 v34., t, r:-,5."itw`�S::f1G Js' ^.a ia4.,,t�.,i •tai �'��`ir: t'vz ,y�40,i :.i 3fl a� .iy' 3 t1yr s"..R,X ,. +�+Y �� t 3�tttKt .rtC' �k7�.,Mi � i y �a 1 REE A IN 333-RZ .. r }��.: � � I ..rte �""" ^„"'• {f 1 /N 1 ,�kA- z A-2 h p' 17 j REMAIN 1i3: REZONE F f A -2 TQ REMAIN AA,/ ? n V f REMAIN `t FacMq/N r V A L RECOMMENDATION FOR A PORTION OF SECTOR I CONCORD DIVISION CONTRA COSTA C001NTr1�� CALIFORNIA t ......q.arv, -L- JA I L A N 0,:.�..... .... ftify4 r j A..,._EQR-T ilk N.-OF-04.I1t-C QR D -O N _ NO V E. t SCALE I N FEET r ,.. rat ai t �k�DO 0 2.00 { 1 A1f.T4-RZ ` ' ■ �, will Assessor on the lien date nut fo BOOK 6867 Pw303 dated and agreed da�ages� it having llowin9 the date of breach, as will be �g been agreed liQui- IPr&ctical that actual said measure ° and extremslY difficult dva9es as result f f dsaag�s is a reasonable measurecertain and that which s�om such failure of C°s4Plian«� I Was all f of the h� ~Ould initi Y entered into the Publicly after the date the Contract uses ice act this stint to full cash value is changed,Y annOWnd county ratio of subdivision the percent shall be changed so age Payment in Mill be Paid n° 9rea ter Percentage of full cash =t i �� MO�d have been paid had the s understood re been no change of • Mulvey of that nothing herein ratio. any right which contained shall constitute the Count seek specific Performance of this Contract rhe a may now or in the future have to or other in °regiment Provisions o junctiw relief. shall also apPly if the f the Contra Coate County zoning used land which ie ordinance for purposes other than those the subject of this Contract 8189. Provided in Ordinance 'ode is 14. i!l Section �ct of D ivision of pro finer slop of the P roVertY described gees that �ls, whether b 8"ibit A into two divi- Y sale, gilt, (2) or �� �_ may, Vft a findir by by operation of law or by any o detrimental to � Ultimate � �� of Sypervisore that said di they ~�, � Preservation of saidvision is agricultural use, be construed onstrue property for by the exclusivr by the V"Perty Owner as provi COSAty as notice or - 1S. dad in SeaUon 9 r'swal �isw Conlraate Oi�m o! this cemtraot is diKd� ioa• Zn the !V"t a tift low Com tract idutieal to;tJW Caulweat 4, 4 } V ' {F:'L{a- ; UtLn4 •x ���' = C,• �N..mt '= 4+'RR> n.i?i Yi�.,!t�rY St 5rt �! s- ...lt: �.� a z .=,t x ..i. k y.h4 th ,SatA �,, rf'`. Z& V�{e)d�.:1r. t .r t u `N`. t '.4 t„ s i i• i 4 y s Y:r �-alb n j' �^4 1 c f ..@r•r,A'A�a,:'!i � r� x+l�' k Cj-�, .."t. 1 1�><Ai+.} h x�t4..�a �''� vv�� •{�k 11.. '7 ak' R 7..• I`14.°�,'e k. :."+�].flk �,. �,� �?, �... y> `,,/ n'a. +5i",+o��� s.�r��r v '`�!�y. ,,9ra`,R V l•• Y.. ,t`, is,..s '4c :!. .!r?''` ,y,a, ,as ' iF. ,art`:. {� b.,,}j`,`s ,{4 ':a.rT`1V' •. 1 <ib`5 . .r•. ..g,r -a+ t ,uta R.•=, ,d2- ;' ,jS} ' 3+;1<'�) ..A ,'r,+.1.',�,.r'�..m d• A :. ,' �T >.,`' 7i''��-4'F:=r ^«rfr>'..'� r. ,A. . t �k. i`14c T� r`• �.; '�+,:j't£?:b - : '1''F 1 �`1 t r 7'a•= yA x r ly< k+' 's"xV i �rT 4 S1 a :. fl' ?. Y� "5. .+ s-r s �,. + yTt:F f. ✓ i ,T� u rl7 s � tt t r ,µ+as'.4�S �', y>. � � ti L f{; r = �. a •.»ai t +, fy ?".�'s � k .A'_tr �, }. v >;;;'i� Y�'�3 n + t�: tit`... !�k,"::"•1.��+ > u i. •tt� �l'y,`w!£J:a:�� ? *'rtaa:_ r6k1 6867 vaE304 p��r on each parcel arcei snail be executed by walcinQ caring the original P any agency o! the division- created by the division at the tine jurisdiction shall require, of division or the execution of the the County which has j an ostler f the approval of the division• that failure as a condition o proshall however,in this section, P shall not afteet the oblige- Contracts Provided fes division of Owner to execute Contracts uponr as established in successors and as sigtns of ane tions of the holes, Section 16• Land• The within Contract shall run st 16. �ntract toun with , urn division, to all parcels with the land described herein, and nd created therra efa, and shall be binding uP°n the holes, successors. • f the owner. any paywent irm assigns oowner shall not seeoiw 17. Consideration. sed hereunder' it being in consideration at the obligations �° County oration for the execution Of the that the cans be derived th•refraO re act and agreed substantial public benefit to bo tsact is result of • effect the th wit-his Con to owner as a will access described herein aad the advan"" which the assessed value of land as the Mthod Of deteminiVA ,position of the liaitations on its � any reduction therein due to the ia11 annually use c°ntained hese . u►lossation• The Owner shall ld. Iao°sn aAd re to iator�atioa as he may requi • sh the County assessor with such o�►sr's la".!�� thevaluation of the �abls hiei to dstsssine t � , . ` WIN F;�4'r „1y,+ter. :.z kSy.:.t srwk,,,�.F :t.3 t ;.irw. r.i..`1n5` @5,,.;3;gaaty f'.)n,.1.Z ( L. ri';ti'!S, , r _§ .+, ° t. •::. --"„ � .:Yt ,.w , >'�''� ", r 5,= a 67 �cE tP 305 19. Effect of Rem ing Preserve or Zoning Classification. ftMma1 of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for Purposes of Section 422 of the Revenue and Taxation Code. ATTEST QTY of COMM COSTA C rk o Board 4pe Bo d oora by f L oe Duarte Me the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above iaposed restrictions. No deed of trust or other encu rance holders -------------- fwd u to Pow:- J0�1 o 'CLA s Comity Covasal { ,� 7 �Y{; a i trs:t�'t�{{7P'� �'"v'rlro�{� i ..,,..�,rSiy"yr t `' tKi�s7s w } IItR i C� 7 W:z A '�FY SS{��» , �.,. $, \z,rr19... .a'+;y e w'^ t}. s "N� 1 f k J ��a�'i aw t Tf r`� +. r C}. r t 1:�4\K :•��^ �a {r F r •- .'{_ n;.,.0-_ .',b,x fp".}�r+ry fiu ai'r f3v..,��:.,?�V� � �r 'v;��r 6 } r4! L i.v.b�� � } • i � ' •:.'l;Six-ts d..�+%�i1- +.:. '.a i��"` r ..�.,...... ..N .... r,{:;,�°`_4r, "+ P.tS..i°: r BooK 6867 PON . . STA'T'E OF CALIFORNIA ss. County of Contra Cos a 197.L. before re, On this _ day of residiis therein, a notary public in and f said ounty and state; w ned and sorn, personally appeared duly cossio . JOE DUARTEs a married man, whose �Taei is subscribed to known to me to be tine person wh t and acknowledged to me that he the within instrumen , executed the same. ITNF•SS 0.Y hand and Official seal. W • VA Kota Public in and for the County Of Contra Costa, State of California. VAS f3ELl ARIA coL�lt i 0! l 'PARA 300STA 1973_ rt'� plyCci,miss,onE�pi:csJan. y � l Y zt s} 1 .fit ) l ti, r -)Y: Y' i+ .L G.S r e t....r i.�. , t +'•i) `!�i: t 1 Y r a '� y t }� j Yv}� >;.a.� t , a.. 4" IN it 1••.¢" y,y1'G'�F \.,. rfi}.;�, f* )4;i� ` '),"+i- �J3 131, � r r.MAAI �f� .°r" rt } S .rt t1`s'C 1 s' S. .�trt�'t>. i ) �} s j i 4�-c+ :,t��' # :R� x� i.t}':l� � �.a�%�`� Y d+i t,c_-��<a:fi 7tF f e},�is�.{.��MY.�,P,.k°+:r.��•!:3?Y.ti 1 t, ?�t�i.:t.u:,£S:r,. !,. ,.. ., `y } �S •.+�.i vt nt�ii'+,��)'tTF t�� t �l gr t� x } w)xr r,r .e�..;,,,r;.yk...'t`^'�`' + sooK 6867 �►c�3 `7 1706-RZ a contra Costa County Land Conservation Contract No. EXMI. PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contractsaid land is described as follows: That real property located in the County of Contra Costa, state of California, wore particularly described as follows: The legal description to said property is contained in schedule 1, consisting of i pag%A, attached hereto and incorporated by on reference hersi. 0 s � c 2 i �PT :?.� i,`?k T �.:r-i. aLacp ., t ,tie• � pm,.,,�., sw'a'b �t�;� �'�� <�. +'f� ,�z < �^ ;� a � � x%' > •� 't; a :,�'�"�JA�yd>• '�'S�� �_ i��l1. '"�s'��X�v4���,ykk+,iH.•' ;�. '�� � tt - '" �a ';.!�."s ,qm nk�, PT lFf-.x r nA s A , ��'"4�.� Kt' ,.),rbia?c ;f r r : `' t ,� y�' ��._. t lint � iY �{ S•r�t•-ti a4* + !x � f� i..°-. ?. n s.�, �C. `t�.. ,f"': 1 ,.+ rri i.C< rS rt;•t�1a.,x Spaerd i Lb:ivA 5 � iIti✓e x�fj}{,TY �,1-.`' t e<'-x1� �. �� L+y.::: -�z . ''f, r yri,v "�>. �,t� ^,xc:;.{r S ;"�a! t ".Y• :,.(�-r b_ 'xx:.c;;`M•:h7 iry� � f,' .; Z':. .} :,h, .�? VCura , �k ` � � f 5. R'��kt *f Y iY`S l Y`� r` ltie�� 4 �.} Ap , {Fr 1 dt•'�� ��� �V �•.�.+ �?• .�^:� ,x'. li, .l4 «....f. .-i. '�ir';��•y.,�'a� �r -+h? .3?�••+� NSxj<, � r+n.} �,•�w.-fir`. �}'a ��Y�' A.�Y i �k.,.�y?S, R � $f a•;�1,r, `� o6-Rz. BOOK 6867 E3oa SCHEDULE 1 of. EXHIBIT 11A n That parcel of land in the County of Contra Costa, Californias described as follows : alif filed December 10, 1914, State °f C Ranch Lot 49 map of Garcia R Map Book 12, page 268, Contra Costa County records • t s j v a S t , 1.x..4 �S s f., s ✓t'4 Tit7- 1 �: i..Y...t 'it,'s t i {tti t..r- 'ra rit }..:,.t a �. `l"' ' v �-:;. '`tiz z its .'xX`i7 .Sr+3{,} ss,. sl . .i,-.,.{< +. .r:, ,.t •;�. i3-.-,.t.w � � st.y^L..rt�..;r.}��ti.}t...�:»,b s ��s..•r 3 i jt a � �� • ,Y,��,.�i S. vk rs �. t ,.S�A•�. T'1 �v_.. �i ;a ��. Six: f9`n'�d' �i, �y.•i`e� $a, qs• a ' '�Y�`'y � '3�t..�3.�sY'1 s� � � s a';T Via.!«}Y �>nk•�5t`'''"' t���'�•+`���'i:}r r iii�js.,. )�� 7�' x }f t 1 1 r 1 '; t f �r-Jp ..•� 'h 7 .t,,.-; C+�r T y i r � s r% jv y"i'�R�r.�.,t.._}3^�+s•`. x Js �' F v ivi'r Sy 1.7.06 Z BOOK W6PAGE3U7 Conser"tion Contract No• CCMtXa Costa County t.and ==*IT s yE �sfl USES 6169 (a) (Z) of the ovisione of Section 7 of the fasst the Pr prdinance Coda and paragrapt► Cootsa Costa County tract, of Which this exhibbeloMit is are e U04 Conte:later was and structures described the tem mit subject to • P land use P° said uses wad structures sothosised without a gubsections La) � iti,otns set forth b°1oa"�authorised by ld1 � gad shall be in addition to thos subject to subsections (c)• h) and (b) , but shall be and(j) of section 8169 of the qty Ord 1 yadsti Non-confoss structures n-conforming structures TM te following to the provisions emitted, subject Section 91071 of County Ordinance are p ° structur°s Z. Maisti Confose►i house* 2 Wood -story, 5-room wood �f�nde0x106 , 1 , � • wood frame tool frame barns : 3o x40 shed 301x20100 • 4. sed Struct�°s None 4. Mistier "nd Ors rav- le � catt i. r D4C�PMk' " ' Kle 'SND OF77, Grazing cattSo k , $ Y c} T.8 :•p,].Y �r q, t t ,.c. r .: !i r .� s..� ,.,- x t C „-. :,. ^�2'1`ta,�.;}�.`F. i;,r L�� ;r,_;,5.��rhk;.'e..' t i iF.,y.� i' 'x"...J aygs�ji z�".�d yr� 3 t, t ixf r•a 1,0-00 (•.),5 y ZY _4;rx.f'"4y - _g€7x :gtf ,� � �w{C�Ssi*xgq+� �4y v r 1 r`t yt �. -. `"{,, 'Y� �1 f _��wn 'W ; .� "Ri�s tnwx �f• i 1 J � Y IM _ , F. T t r i��E •ip � � y1,}.l }Y 4 , � t - t �x; i,� r f�� i,�44 xt s.,1yi,: .. ..Px.,,. STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of ' _ Tfic; BOARD OF SUPRRVISORS CONTRA_COSTA___..... COUNTY. 1674—RZ; 1707—RZ;1706—RZ;1689-RZi 1708-RZ P0# 33666 Affidavit of Publication NOTICE OF PU13TAC NEltRINGS � STATS OlGLIFORNIA, BEFORE TH COUNTY OF CONTRA COaTA � SLONTRA TA ..80.RD OtCOSTA S A COU O S ON REZONING MATTERS S NOTICE is hereby Ai�zn) tthat on Tuesday, January 21.) 1073 at 2:10 p.m. in Room 107 R.David Rfotto »_._dein duly sworn, Ief the County Administration ............._.._.__.._._•---..._- _.____..___...__. g Building. Corner of Pine ands deposes and says, that at all times herein named was, and now is `Escobar sweets. atarcosta! GUfornla, me Contra Costa. a citizen of the United States of America, over the age of eighteen lCounty Board of Supervisors will baid public hearings to+ years, and a resident of said County of Contra Cosa. That he is consider recommendations of the Contra Costa County Plan• not nor was at any time hereinafter tamed a party to the above cing Commission on the for- ons to Mone entitled proceedings, or interested therein, and that all of said land. RAe locations of the appil- time was, and now is the principal cleric of the printer of the un- incorporated lraatds are rwiihi the int- MORNING NEws-GAZETTE, a newspaper printed, published and County of Contra Coots, stale circulated is said Contra Costa lot California, generally iden- County, and as such principal cried as follows (more precise descriptions may be examined Berk had charge of all advertisements in said newspaper. That In the Office of the Director or Planning. County Administra- the said MORNING NEws•GAZETrE, is a newspaper of general tion Building, Martinez, Call- circulation as that term is defined by Section 6000 of the Government torula:) M a r y Simmons, 1674-RZ,� Code of the State of California,is the said County of Contra Com 27+•b ate• more or less,}o+ +Gated on the north side of published for the dissemination of local and telegraphic new and Altamategyc . aoptpx( ,proximately 160 feet f intelligence of a general character,having a bona fide subscription list Hampton Road, Alhambra Val• of paying subscribers and which has been•estabiishedpriatt:a and. ley area from General AS". el4tgtal District (A•2) to Agri- cultural Preserve District (A• published in said county for more than one year last past,and which 4). Henry F. Duarte; 1707•RZ. is not devoted to the interests or published for the entertainment of a (leo acres. more or less. local- .ed on the south side of Alham- particular glass, profession, trade, ailing, race or denomination, or Ilwa valley Road. approxi. mately 1.5 miles ea:+l of any number thereof. i Hampton ltoad, ht the Aiham- bra Valley arca, from General Agricultural District (A•2) to Agricultural Preserve Distrldt That the...11 Q OF,„EiEAMG3.ON_--AgLIGATI91 (A-4). _Duarte. 170&RZ. 150.11 aeres, more or less, located approximately 1500 feet east of� a......„..„._._„._.__._._.._.._..__.._ .._....__......_....„ .__ __ the intersection M Garcia Ranch Road and New Bear Creek Road, in the Briones Hills.area. from General Agri- ” of which the anezed is a printed copy, wag printed and published Cultural Presents-2)Dist et gA•( 4). in said paper at acRresle Santos. 170e•RZ•located96 easterly of the terminus of Garcia Ranch Road, approxi., to wit: from the.._...3ri a_Alty of___a�dtgi8><'3f........._.»i9.. mately Joao feet east of the teraeeUon of Garcia Ranch Road and New Bear Creek 'Road, in the Brlones Hills to the._.....__.__...__.»..»_»...dry of-..» .. .. .._. _....19......... area. from General Agricul- tural District (A•21 to Aaricul- Itgral Preserve District (Ad). William W. Wallaeker Jr., both days included, to wit: INS-RLlocated on the somtoresidr of Glen baser Road, approxi. mately I mile west of Frank• tart uuT �s lin Canyon Road. in the .........—' ............ ( ....».__». .......... .... Tranktio Canyon area, from General Agricultural District !(A•2) to Agricultural Preserve . 1 District (A4). ......»._»..»_._.»_ ._ ._. ».._ ._.. .... By order or the Board of 5upervisors of the County of Contra Costa, State of Califo_. !J .__...................».»__»__�.. ..» .__ ___ .»._. .� f Na.DATED: December S, 1972. W.T. PAASCIr County Clerk and was published in the maws ex officio Clerk or the That the said notice w l?apK Pyr Board of Supervisors not a supplement. I of the County of Contra Costa. State of California r� /� / By Aileen Elder ..........i. �..._..a�;.r.F_.:___ f .rte_�.lr f-f _._ Deputy Clerk No.5125—Jan 3, 1973 i Subscribed and sworn to before me this ..»3rd!.day of»!T» _ lyr7m E7:11,1 FIX Notary Public in and for the County of Contra Costa, Sale of California. ._,.. ., 4: i OF1;CIAL SFAL ” W. T. PAASCI-d !—! LA VF77” NOL CLERK BOARD OF SUPGRVISOIta ONTRA COSTA CO. ' C ITKA C.��.T i C ?'.1NTY By !c_ Deputy t 'tt >.� <_,�.n[tpa•.cCfL. .191.4 -..r• --_- -, ..- .-.- .-'mac-•-' G-.T.7•� 917 T.'.atr. St.. Nil. 94553 4 NOTICE OF PUBLIC, 11PARINGS RFFORF THE' CONTRA COSTA COUNTY BOARD OF jt3PI-RVISOR3 ON RFZONIi1G MATTFRS NOTICE is hereby given that on Tuesday, . January 23, 1973 at 2:00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escdbar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following applications to rezone land% The locations of the applicants► lands are within the -1 unincorporated territory of the County of Contra -Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California : ) Mary Simmons, 1674-RZ, 274.29 acres, more or less, located on the north side of Alhambra Valley. Road, approximately 1600 feet east of Hampton Road, Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4 ). HenryF. Duarte, 1707-RZ, 120 acres, more or less, located on the side of Alhambra Valley Road, approximately 1.5 miles east of Hampton Road, in the Alhambra Valley area, from General Agrictiltural District (A-2) to Agricultural Preserve District. (A-11 ). Joe Duarte , 1706-RZ, 150.11 acres, more or less, located approximately 1500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Rosie Santos, 1708-RZ, 116.96 acres, more -or less, located easterly of the terminus of 'Garcia Ranch Road, approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District- (A-4). William W. Wallacker, Jr. , 1689-RZ, 25.36 acres, more or less, locatedon the sou h side of Glen Fraser Road, approximately 1 mile west of Franklin Canyon Road, in the Franklin Canyon area, from General Amricultural District (A-2) to Agricultural Preserve District (A-IE ). By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAA 3C11', County Cleric and ex ot'ricio Clerk oC the Bonrd of Supervisors of the County of Contra Costa, S ate alifornis • Hy i een Elder ' De pu y Clerli , I 1706-RZ Joe Duarte (Applicant and Omer) 1. Acreage. 150.11 acres. 2. Location: The site is located in the Alhambra Valley area and TRWW 'thin the Martinez High School and Elementary School Districts. It lies outside the proposed sphere of influence of any city. 3. Topography: The terrain consists of steep kills. 4. K2ai3: General Agricultural (A-2) 5. Land Use and Value: The site is used for the grazing of livestock. The assessed value of the property is as follows: Land: $15,000 Improvements: 2,800 6. General Plan Desi tion: The Land Use and Circulation Plan for 1963 recommends Extensive TiFicultural. 7. Buildings: Existing structures include : house, 1 barn and 1 tool shed. 8. The environmental impact study is attached to this report. It recommends approval. 9. Comments: This application has been reviewed by Mr. Paul Lamborn, qty arm Advisor; by Messrs. Joe Siwicegood and Frank Aseatigno of the County Assessor's Office; and by the staff of the Planning Depertareat. 10. Staff Recommendations: Approval. ` / �j j •h�+ CFT OP MIARTINEZ .--- 1,/ I errs r • -I I CON 2E2. ——_— SEE CON 2-3' / ! oo fj .2 //r ', •a.a / .�/ /�� / — u SEE C 2-6 I •/ / , / SEE COII 2-13- � --- i le ,J ;.� BRIONES I f � REGIONAL PARK I 0 o TFR I YpTR c, r�2a� +2070 - CONCORD DIVISION, SECTOR i TWAT TwIS n Tw[ r•► CONCORD DIVISION. SECT _[6TIrY 0 :wOR*,"%cE Na T:.,0 •Ra r•at • PART TwCRL GI. . CONTRA COSTA COUNTY,CALIFORNIA CONTRA COSTA COUNTY, CALI SECTION SA.SUBSECTION 902 OF ORDINANCE NO, 362. AS ArENW0 6Y Co-mA%CE NO 6c•4.9 I r, T. t••SCM. �COUNT T�C�iCRR•'r'7 .UNCN IS THE ZONING OROINANCE Of CONTRA COSTA COUNTY.STATE CF:A�.f ORWA • • 4r- . . $LING SECTION 3A,SUISCCTICN 906 OF ORDINANCE NO.3$2. AS saI . • TI-10 MNICH IS TME ZONING ORDINANCE OF CONTRA COSTA CR. ENVIRONMENTAL IMPACT STATEMENT 1706 RZ JOE DUARTE cool- Sz 'j 1=� - .. (j//l�y�,/ �Y. w 1. (� •! y��/-'rte.. - rl. `moi; - -�' �� - `.�-• t � -y�"� `�� �'^�-�- 17 LJ ILI AS l t , � f�`�" r'..f �. ,r�ti•. ter. ' ', •� 4.`�= Q j �4, t �� LOCATION MAP Note: Boundaries of Subject Property are Approximate. A. Preliminary Remarks: 1. Application: The applicant, Joe Duarte, is applying for a rezoning from General Agricultural (A-2) to Agricultural Preserve (A-4) of 150.11 acres located approximately 1,500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road in the Briones Hills area of west-central Contra Costa County. 2. Reason for Application: The applicant states that he desires a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of .his property in agri- cultural use under the terms of the California Land Conser- vation act of 1965. 3. Associated Projects: There are no other agricultural preserves abutting the property. There are however, a number of agri- cultural preserves in the immediate area located to the north of the Alhambra Valley Road. 4. Area Description: The property consists of moderately steep to steep hill lands ranging in elevation from 580 feet above sea level to 1,100 feet above sea level. The property is drained by the headwaters of Pinole Creek which flows through the Pinole Valley and empties into San Pablo Bay at the City of Pinole. Vegetation on the property consists of grasslands on the exposed hill slopes and tree cover in the ravines and along Rodeo Creek. The present use of the property is the grazing of cattle. There is a home, mobile home and three out buildings on the property. The area to the north, west and south of the property is open grazing land similar to the property itself. On the east, the property is bounded by the Briones Regional Park, a part of the East Bay Regional Park District System. There is no residential development of significance in the vicinity of the subject property, nor is there any other development in the area. 'B. Environmental Impact Evaluation: 1. The Environmental Impact of Proposed Action: a. Beneficial Environmental Impact: The proposed change in zoning of the property to agricultural preserve will create no change in the existing use of the property which is presently grazing. This use is compatible with surrounding properties which are also under the same or similar use. The conversion of this property to an agricultural preserve will prevent any future change in land use for a period of at least ten years and aid in the preservation of the rural agri- cultural character of the upper Pinole Valley area. t x In addition the creation of an agricultural preserve in this location will serve to protect the wildlife found in Briones Regional Park from urban encroachment. b. Adverse Environmental Impact: The conversion of this property to agricultural preserve would have the effect of lowering property tax revenues to the local governmental jurisdiction. 2. Any Adverse Environmental Effects Which Cannot be Avoided if this Proposal is Implemented: (See item l.b. above) 3. Mitigating Measures Proposed to Minimize the Impact: In accordance with recently enacted legislation, the state will partially reimburse local governments for the loss in tax revenue. 4. Alternative to the Proposed Action: a. The applicant can continue to utulize the land for farming and grazing under the present zoning classification. b. The applicant might at some future date request a rezoning to a more intensive land-use. C. The applicant could split the property through the minor subdivision process resulting in the reduction of parcel size to the point where it is no longer economically feasible to retain the land in an agricultural use. 5. The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long Term Productivity: One of the intents of the Land Conservation Act is to remove land from speculative-type development. By retaining the land in an agricultural preserve under its present use, the land will be removed from speculation for other types of development. This restriction on change of land use is for a minimum of 10 years, and may continue on indefinately. In addition, this proposed change is in conformance with the 1963 Contra Costa County Land Use and Circulation Plan which indicates an extensive agricultural use for the area in question. 6. Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should it be Implemented: The proposed action will not make any change in the present use of the land; therefore there will be no irreversible environmental changes. z 7. The Growth-inducing Impact of the Proposed Action: The purpose of creating agricultural preserves is to retain the land in f 2. agricultural use for as long a period as possible. Because this is a very low intensity use the effect will be to inhibit rather than induce growth. S. Boundaries of the Area That May be Significantly Affected by the Proposed Action: The creation of this and other agricultural in the Briones Frills acts as a barrier to intensive development in the area. The area affected is bounded by Alhambra Valley Road on the north, Hampton, Garcia Ranch and Bear Creek Roads on the west, Bear Valley to the south and Briones Regional Park to the east. 9. Qualifications of EIS Preparation Agency: This EIS has been pre pared by the staff of the County Planning Department. Consultants on the existing use of the site and desirability of its contin- uance for this use have been Nmr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's office. 3 Resolution No. 79-1972 t (RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMATIOHS ON THE REQUEST CHANGE BY JOE DUARTE (APPLICANT & OWNER), (1706-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BRIONES HILLS AREA OF SAID I COUNTY. I I . WHEREAS, on September 17, 1968, the Board of Supervisors of the County of Contra Costa, California, by Resolution No. 68-635, established rules and 11procedures for the establishment of Agricultural Preserves and the execution of land conservation agreements; and WHEREAS, a request by JOE DUARTE (APPLICANT & (WNER), (1706-RZ), to I� j rezone land in the Briones Hills area from General Agricultural District (A-2) to Agricultural Preserve District (A-4), was received on July 27, 1972; and WHEREAS, the Planning Department reviewed the aforementioned application € land finds that this application meets the Land Conservation Agreement standards and conforms to the uses allowed in an A-4 district and thereby recommends to the Planning Commission of the County of Contra Costa, California, that this 1application be APPROVED as submitted; and WHEREAS, after notice thereof having been lawfully given, a public hear- ling was held by the Planning Commission on Tuesday, November 14, 1972, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated all the testimony and evidence submitted in this matter; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission recommends, and they do hereby recommend to the Board of Supervisors of the County of } c f Contra Costa, that the rezoning request of JOE DUARTE (1706-RZ) be APPRM9W as to the change from General Agricultural District(A-2) to Agricultural Preserve District (A-4), and that this zoning change be made as is indicated on the findings map entitled: RECOMMENDATION FOR A PORTION OF CONCORD DIVISION, SECTORS I & 2, CONTRA COSTA COUNTY, CALIFORNIA, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the Planning Commission further recommends that the Board of Supervisors sign a contract with the property owner as a irequirement to establishing a Preserve; and Resolution No. 79-1972 BE IT FURTHER RESOLVED that this recd adation be approved because (1) th pplication for change from A-2 to A-4 conforms to the Land Use and Circulitioa Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this. Planning mmission shall respectively sign and attest the certified copy of this resole ion and deliver the same to the Board of Supervisors all in accordance. wiih: 'he provisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution iitcor orating the above and aforementioned was given by motion of the Planning Cows 'on at a regular meeting by the following vote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildeb` Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L.Milano, Chairman of the Planning Commission of the County,of ntra Costa, State of California, hereby certify that the foregoing was duly. 1ealled and held in accordance with the law on Tuesday, November 21, 197120.: am t this resolution was duly and regularly passed and adopted by tho followug vote of the Comwission: AYES: Commissioners - 3eha, Young, Shelton, Hildobrarid Krueger, Compaglia Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chas of the Planning_ ss on of.NOV' County of Contra Costa, State of J Wifosi a TTEST: et o e Planning Comiss a of the unty Of Contra Costa, State of California. -2- a ji3 - : - �" �;,; • rt �. _ l r. .s 1 ,-<, },'� c f ',4 y�#gip 7S 2 .fixe } ! t..' ` ' <TaY`Z_iT _ .': •■���/�/�A.`■■ r £:4 ."A.,i. - t3�' ♦4 rr' ', S -t4Y L.Y.f S s a j,. �.. .a� t t �t tt +} _:`_ t E tVfA 1 N < t -a: Y L !'t .. 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BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORI -- Re: Establishing Agricultural r�-'fi��"'" Tf✓`JE�' ` ) Preserve No. ,, and RESOLUTIOi1 N0. 71450 AuthorizingLan Conservation ) Contract( . ) ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance vrith County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51210, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted Kovember 18, 19690 This Board has reviewed applications for agricultural preserves and land conservation contracts,, and has considered the duly sub— mitted report(s) of ti-e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. A7 Owner Application No. /t,lilliam W. Wallacker, Jr. 1689-RZ IT IS FURTHER ORDERED that the Chairman of this Board,. on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on January 23. 1973111444 7 cc: Planning1 Assessor County Counsel CPAT1'rue COPY Recorder & File W04.0 1j, Arioinal Jace...t wt;ch i* o. lilt i.t .., off" Goo RESOLUTION NO. 73/40 AMU.a.p....d&adapted br th. papal aj s.,... ri.om of -J.t'a Cat•a (:are.,. C0,40mia. M IL Lb.ia.w AIT LST: W. T.FAASCH.comap*lea • f�fi•� deet d ..id AkWdl 4 6wb►16 Lrr, cleat. JAN 2 g f97. • Boy 6872 w493 RESOLUTION NO. 3 LAND CONSERVATION CONTRACT I' 1. Parties. BY THIS CONTRACT, made and entered into the day Of ,+mhriinr; • 1973 WTT.T.TAM W- WAT.T,ArKF.R- TR hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the Pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 8009 6872 FACE494 . 4 4 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the teres, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. 69263and7 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail -2- moo{6$72 PAGE495 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 13 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- • �0o{6872 PACE��7U not inconsistent with the purposes of the Land Conservati.on Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- 3009'6872 FACE497 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. I£, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A. as established by the County -5- ` 80DI 6872 PAP,EM Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- • 6872 P,&E499 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- :• ! aoo.,6872 EACE500 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST A CXVrk of Boardv By gain, Bald ;o' upervisors ti ► ! ! OWNER ZLI,Z,1 _ We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be -boundbWthe abov imposed r trictions. WES 1 CONTRA C0STA COUNTY DIVISION ! By GordonV Vi e Pro- dent ►� FINA ITLE r.OMPANY � 1 Approved as to Form: By: �' . JOHN B. CLAUSEN, County Counsel o nnieBeer, 79-a-'F.- Sec. American arities CompanyjPTE: All signatures must a co"por o be acknowledged. By 4�.�.+�+. By: 4000' 'Deputy - L.M.Frans Asst. Secretary 7-1-70 w � sell Iy t3hIN ro sd n��s �t3a° p• :C40. n M � a o = y. �ren°'� � o� .� °' •:c* ce g o•"s�+ a G' i �. O fag A Ce It S.3 ✓�r� y C K a 0 s g 1 i rs o ¢': ^ C 4 ~ �lltil/it/ttlt�i � G• � Y � o . . •a ,,t IM L obv � O= a a yQj�� J 7 ` n ( O 0 n �� ,y` � •'� jib �} � •� Z n O . -cl sn'. � �c � c 1 A •°� � w cr ��•z i � � a H O R. c O '� � � R. � •j Li. j r� S"LATE OF CALIFORNIA SS f ,UOU.Nn OF LOS ANGELES OnJanuary 4, 1973 hcfarc me. #itc tuulcrsigned,a Notary Public in and for said State, personAlly appeared —_ — _ — _ ------------------------------------------------ _ _ _— — -- - ----�— ---------------------------------------- known to me to be tine per'son.__.___ Whose name—ALS---subscribed to the within instrument and acknowledged a that_. she executed the same. Q CUL SEAL WIT\ESS my hand and official seal. JOANN S. KOPS Jf WTAIrf PUBUC-CAi.ffOOM k JoAm S Koi3s } Name k Typed or Printed; #i is arse for of ew arwr;N son k. �y 6872 PAGE563 RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is s described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said i property is contained in Schedule 1, consisting of 1 pages, attached hereto and incorporated by s reference herein. i r Revised July 1, 1970' z r.Oi Its cl C v �� ^— ~ Z r rn Wim , 403 = o sA� g►� C y w = v Z C D ..y.i — IQ ro a = = tr `• 5 S ` ` Q f7 O (D r tG a o f .m. tv e N Iz 44 CL P. Wo w a ; _ � a � ba � - I�fb o s � he 1 s ` cr te cc C6 K c •_ o o o . z ' C3 STATE OF CALIFORNIA 1 COUNTY OF Contra Costa t SS. On February 21, 1973 before IDe,the undersirwIt a Notary Public in and for aid ' State, personally appeared Paul C. Nelson known to me to be the 87ceeutiya ViCe p t, and Johnnie H. Beer t known to me to be Assistant gay of the corporation that executed the within Instrament, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors XOFFICIAL SEAL WITNESS my hand and official seal. SHERRY L. MURPHY NOTA21f PUBLIC.CALIFORNIA COUNTY OF CONTRA COSTA re Yr Camalwe"Eap4a AutsN is,t!7'S ` IN t Name (Typed or Printed) Corporation' 4W a �• BOR 6872 X504 "L'h.at parcel of lard in the County of Ccntra Ccst_a, State of California, aescrit.ec an follcws. { orti t:n of ;.ot 1 anci in, -onion of the Northeast of. the t 1;' . of, acL, c.. 27, To:•nship 2 North, ?-anc;e 3 West, ..fount Siahlo Iasi- 4_^.c "er_ .._�::, :iescriaed as follows: Beginning at an iron pine set in a .'"once line on the south line o, the Northeast V-4of the :':ort::Cc?:if: ' "'I p*r -1 -L' 13,2ction 27, at the ::est line of t`.:e ^arcel of i, #_1 conve•:eci as Parcel `:';•:o in the deed frclr Otto ... Frei, et u::, to F,i nrc: _cin rreucl, et tlx, rated March 21, 1J57 and recoi:Oed ,prii 3, `'5 ; .._. r{ 295.11 of (Official Records, at ;-)ace 202; thence ."'rem sai..i unint cf L-eginning along- a fence line, south 05' 45' west, 1159. 03 fc,.t- a:i:d nor. ,1 00 35 ' east, 1032.22 feet to clue ;.nrthwest corner of the 30 acre parcel or land described in the eecc: frcm Lorenzo Viale, of ax, to JchIl S. Vavilla, Jr. , et al , dated January 3, 1949 and recorded ixtnuary S, 19,19 in Boor: 1337 of Official Pecords, at pnae 2.00; thence along the north lire of said Davilla parcel (1337 OR 2.00) , as follows : I:orth- 62° 10 ' east, 114 . 1d4 feet; north 25° east, 3:18. 22 feet; north 77° Cast, 132 feet; north 60' :5 ' east, 192.90 `ect; ;-.orth 57' i5 ' east, 10?. n0 feet; north 79° 15 ' ec st, 330 fret; soy oil :i9' 15 ' east, 247. 50 feet Banc'. nor h �1° east, 49. 11' feet to the ::est line of s.;id Grecq Parcel (2953 Cir 202) ; thence e alar:, ti:e exterior boundary lines of. said Gregg Parcel `_':•:c, as folloo.s : South 17° 37 ' :-,est to an iron pine set in an rancle j-v_4.nt therein; South 87' 31 ' 20" Lie st , 314. 3.1 feet; outh 6' 4-' ' 30" east, 211.. 89 `.eet; south 25° 13' east, 62.64 feet and south 4' 52 ' 40" east,- 983. 19 Eeet to the point of beginning. EXCEPTING THEREFROM: That parcel of land conveyed by quitclaim deed from Lee E. Adams to Geraldine G. Adams, recorded t•Iarch 5, 1968 under Recorder's Serial No. 16562. 1689- RZ Contra Costa County Land Conservation Contract No. EXHIBIT B BODS 6872 PA405 ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: NONE 2. Existing Conforming Structures 1 house, 1 barn and 1 hay storage building 3. Proposed Structures NONE 4. Existing Land Use Grazing of livestock 5. Proposed Land Use Grazing of livestock _ 1, 1970 END OF DOCUMENT r STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of TH- BOARDOF SUP�VISORS CONTRA COSTA COU`'TY. 1674—RZ; 1707—RZ;17O6—RZ;1689-RZ; --------------------------........»----......»..».-----»..----»-. 1708-RZ P09 33666 Affidavit of Publication ...«--»......................................................... NOTICE OF �. STATE OPCALIFORNIA, PUBLIC HEARINGS BEFORE THE _ COUNTY OF CONTRA COSTA �' BCONTRA COSTA OARD OF SUPERVISORS ON REZONING MATTERS l NOTICE is herrhy givens I ithat on Tuesday. January 2.7, !1073 at 2:00 p.m. in Room 107 i R.David Riotto _.«bein till! sworn, 'of the county Administration! ! .................................................................••. B y Building. Corner of Pine andl de ses and sec s, that at all ti es herein named was and now is Escobar Streets. Martinez.� y m . �Californla. the Contra Costa' I It citizen of the United States of America, over the age of eighteen (County Board of Supervisors will hold public hearings to� ears, and a resident of said Countyof Contra Costa. That he is !consider recommendations of 3 the Contra Costa County Plan• not nor was at any time hereinafter named a parry to the above nine Commission on the fnl- entitled proceedings, or interested therein, and that all of said �amnvidnr applications to rezone The locations or the appli- time was, and now is the principal clerk of the printer of the cants' lands are within the un• incorporated territory of the MORNING NEWS-GAZETTE, a newspaper printed, published and County of Contra Costa, State ti California.lo generally Iden• circulated in said Contra Costa County, and as SUCK principal lifted as follows (more precise clerk had charge of all advertisements in said newspaper. That descriptions may be examined g luiX in the Office of the Director of : the said MORNING NEws-GAZETTE, is a newspaper Of general Planning, county tinez, stra- t 8 tion Building, Martinez, Call- circulation as that term is defined b Section 6000 of the Government rorniar Y fit a r y Simmons, 1674•RZ) Code of the State of California, in the said County of Contra Costa 274.29 acres. more or less, 1o•, Icated on the north aide or published for the dissemination of local and telegraphic news and Alhambra Valley Road, ap- proximately 16M feet east of intelligence of a general character,having a bona fide subscription list Hampton Road, Alhambra Val- ley area, from General Agr1- of paying subscribers and which has been established, printed and cultural District (A-21 to Agri- cultural Preserve District (A. published in said county for more than one year last past,and which 4). • Henry F. Duarte. 1707•RT., I is not devoted to the interests or published for the entertainment of a i 120 acres, more or less, local. :ed on the south side of Alham• particular class, profession, trade, galling, race or denomination, or (bra valley Road, approxi- mately 1.5 miles cast or any number thereof. I Hamolon Road, in the Alham- bra Valley area. from General i Agricultural District (A•2) to NOT( .• Oy' Agricultural Preserve Dislridt That rhe............. .........HEARINGS..ON_APPLICATIONS• (A•4). Joe Duarte, 170&nZ. 150.11 acres• more nr Irss, located approximately I5fN1 feel Hint of ..Sl.C.I�................................................................................................. IIIr lulrrr.rrllon of fi'�rrin Itnnrh Ihuul and Nrte Ite.,r ('rrrk (toad, ht the Rrlltltes' of which the annexed is a printed c0 was printed lid published III Its arca• from (A-21Grtirt l Agri.' P Py. P Pu cultural District (A•21 to Agri-I ., cultural Preserve District (A•: 4). • Rosle Santos, I703•RZ, 116.96 lin said r at least-»«---___...Orifi:--Tim@.___.«----_. __..»»».».._. Pape - acres, more or Irss, located easterly of the terminus of j Garcia Rapch Road, approxi matciq to wit: from the.»«...3f..rd.--day O «d8au87y____. .«19-• tersecti2000 feet cast of the in. on of Garcia Ranch Road and New Bear Creek 'Road, In the Briones Ifills to the........... ..«»..__»_._.«day of.._«..««»..»-.»»__««_«...19._..._. area. from General Agricul- tural District (A-21 to Agricul• iturat Preserve District (A•41. both days included, to wit ut1lllam W w,ua ger Jr„ ]689 RZ. 25.36 acres, more or less• located on the south side i of Glen Fraser Road, approxi- mately 1 mile west of Frank- amar �z lin Canyon Road, In the »!7iY.»31!19!! -»» ,._..» _.- .... Franklin Canyon area. from General Agricultural District �(A-21 to Agricultural Preserve District (A•4). ..................»..............«_._.__......._.._.»-_ ..__.._» ._ —» _„. By order of the Board of Supervisors of the County of Contra Cotta. State of Califoc• nla. DATED: December 5. 1972. 1 i W. T. PAASCft I County Clerk and cx officio Clerk or the That the said notice was published in the newspaper proper and Board or Supervisors not a supplement. or the County or ! Contra Costa. / State or California ' / By Aileen Elder =---=ter -----=- -r ^� »_ Deputy Clerk No.U25—Jan 3. 1973 Subscribed and sworn to before me this «...3rd..day of..»Januar11y» 19 .. L&M Notary Public in and for the County of Contra Costa, Sate of California '✓1 1i7: :..;'S W. T. PAASCH IA t CLCRK fIOARD OF SUPERVISORS •!''' ,'' t; 'rt. ;.:. :'Pn.l �' ON TRA COSTA CO. 1 C J!r,n t Ifl1Y ' ny�� �« .L-,t.- Deputy 4 NOTICE OP PUBLIC I1FAR1143 FIRPOFIF WX CONTRA COSTA COUNTY BOARD OF STIMORVI"00173 ON R>:WNI?1G MATTERS NOTICE is hereby given that on Tuesday, January 23, 1973 at 2:00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following applications to rezone land; The locations of the applicants' lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may he examined in the Office of the Director of Planning, County Administration Building, Martinez, California : ) Mary Simmons, 1674-RZ, 274.29 acres, more or less, located on the north side of Alhambra Valley.Road, approximately 1600 feet east of Hampton Road, Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Henry F. Duarte, 1707-RZ, 120 acres, more or less, located on the south side of Alhambra Valley Road, approximately 1.5 miles east of Hampton Road, in the Alhambra Valley area, from.General Agric»ltural District (A-2) to Agricultural Preserve District- (A-h ). Joe Duarte , 1706-RZ, 150.11 acres, more or less, located approximately 1500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). Rosie Santos, 1708-RZ, 116.96 acres, more or less, ocated easterly of the terminus of Garcia Ranch Road, approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve 15istriet. (A-4). Wi.11111111 W. 11n11i3cicnr, Jr. , 168q-wA.. 21i. 36 e��•�•,•;►, rnn�•r r,�• less, located on the south side of njlen Praser ►fond, approximately 1 mile west of Franklin Canyon Road, in the Franklin Canyon area, from General Agricultural District (A-2) to Agricultural Preserve District (A-1F ). By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCII,' County Clerk and ex officio Clerk of the Board of Supervisors of the County of Con=een St�er . ; l�ifornis - By Deputy Clerk �. I - i' Resolution No. 84-1972 BE IT FURTHER RESOLVED that this recommendation be approved because: (1) is application for change from A-2 to A-4 conforms to the Land Use F Circulatio lan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning bommission shall respectively sign and attest the certified copy of this resolu- ion and deliver the same to the Board of Supervisors all in accordance with the rovisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution in- orporating the above and aforementioned was given by motion of the Planning Comm ission on Tuesday, November 14, 1972, a regular meeting, as follows: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County f Contra Costa, State of California, hereby certify that the foregoing was duly ailed and held in accordance with the law on Tuesday, November 21, 1972, and that his resolution was duly and regularly passed and adopted by the following vote o he Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chairman of the Planekfig Commission of the County of Contra Costa, State of California ATTEST;- I Se a;ary Df the arming si n of the un of ontra -osta, State of California 4 -2- a A. Resolution No. 84-1972 IESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE F CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE r' Y WILLIAM W. WALLACKER, JR. (APPLICANT & OWNER) , (1689-RZ), IN THE ORDINANCE COD ECTION PERTAINING TO THE PRECISE ZONING FOR THE FRANKLIN CANYON AREA OF SAID E WHEREAS, on September 17, 1968, the Board of Supervisors of the County of Contra Costa, California, by Resolution No. 68-635, established rules and proced- . res for the establishment of Agricultural Preserves and the execution of land conservation agreements; and WHEREAS, a request by WILLIADM W. WALLACKER, JR., (Applicant & Owner), 1 ' j t(1689-RZ), to rezone land in the Franklin Canyon Area from General Agricultural istrict (A-2) to Agricultural Preserve District (A-4) , was received on May 30, 972; and WHEREAS, the Planning Department reviewed the aforementioned application �and finds that this application meets the Land Conservation Agreement standards d conforms to the uses allowed in an A-4 District and thereby recommends to the I lanning Commission of the County of Contra Costa, that this application be 4` approved as submitted; and WHEREAS, after notice thereof having been lawfully given, a public hearin as held by the Planning Commission on Tuesday, November 14, 1972, whereat all ,. persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated al the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to j{�}the Board of Supervisors of the County of Contra Costa, that the rezoning request :' of WILLIAM W. WALLACKER, JR. , (Applicant & Owner) , (1689-RZ), be APPROVED as to F ie change from General Agricultural District (A-2) to Agricultural Preserve Dis- lirict (A-4) , and that this change be made as is indicated on the findings map RM entitled: RECOI\hMENDATION FOR A PORTION OF CONCORD DIVISION, SECTOR I, CONTRA COSrA a ILOUNTY, CALIFORNIA, which is attached hereto and made a part hereof; and r' ! BE IT FURTHER RESOLVED that the Planning Commission further recommends (. f ` hat the Board of Supervisors sign a contract with the property owner as a requi - �uent to establishing a Preserve; and 0 1689-RZ William M. Nallacker, Jr. (Applicant & Owner) 1. Acreage: 25.36 acres. 2. Location: The site is located in the Franklin Canyon area and lies within the [Martinez High School and Elementary School districts. It lies outside the proposed sphere of influence of any city. 3. Topography: The terrain consists of steep and rolling hills. 4. Zoning: General Agricultural (A-2). S. Land Use and Value: The site is used for the grazing of livestock. The assessed value of the property is as follows: Land: $4,110 Improvements: 2,905 6. General Plan Designation: The Land Use and Circulation Plan for 1963 recommends Extensive Agricultural. 7. Bui�ldinKss: Existing structures consist of 1 house, 1 barn, and 1ah-y storage building. S. The environmental impact study is attached to this report. It recommends approval. 9. Comments: This application has been reviewed by Mr. Paul Lamborn, County Farm Advisor; by Messrs. Joe Swicegood and Frank Aseatigno of the County Assessor's Office; and by the staff of the Planning Department. 10. Staff Recommendation: Approval due to the fact that the parcel is bounded on two sides by an existing preserve. 1 l H-1 f CITY Or Z.. ; j ! 4 I • . mERCULES TT A-4 a A_4 a 2 ..�.. Y- b 0 Y Z � A I O (� �L �r'9y I I ..�_• 0 c m.,�•n CONCORD DIVISION, SECTOR I t [*Es, CCRT.st T.3' T.IS "ST.0 -SR .IF!"co to R. CR,wv:E -a r"-[ ..o CONTRA COSTA COUNTY,Ca_IFC=h. i (" "S MMal -,*E a R.RT T.CRE0- 1 f t R[MG S[C TAW S. SLIS[CT<w!02 Ct C",A%:[ rC 342. 4S t�[YVp/I YZI.AICE.0 K.s.[ �rt It[T _- =trY._ G.E�ir..—_ iMM�•-O� 6,3 I S � t REM A IN r rl REhAAl AW2 J. .11V /a _Z� f f;,•` RE Z QTS F PROM --_ A-2 Ta A - REMAIM A- 2 ./ J � •'f7 rr 1 r` Jr .f f r REMAIN !.f REMAIN A-4 A t � 1+ r A f t r /f/ { REMAINA.-2 9 C;A r �f ^p f WMENQATION FOR A PORTION OF . RD DIVISION- , SECTOR 1 RA COSTA CCU T Y�, CALIFORNIA � ..yG1L_....L,.. ,jy(,I L zN Q _. __.__,�' xa of tlx: i:CJT+f"�1 t.'r��s ri.-,Y�L` .'i'it 3�: f ,y ,►t' i.v.: t:1=1` i.i :�f TiJ 4}I.) r:`T �t�` ,A-_P_Q.R_T10N QF___00 N1.C.0 R D __D 111 t lQhl� AOR- 1 �Ci - Ll s_Y AL LACKIE TI R L _WSL ., JVQVEM E . .21, .l.Q_ZZ.._..____ t � c_ 2,000 a I REM A IIY .�� f jIX. REZONE !`R6; e j A2 To A mow f j f --�- REMAIN -Aioil ,r l REMAIN A"4 , f, j i l / REMAIN ol j . Ir r ! % j 9 oe a RECOMMENDATION FOR A PORTION OF CONCORD DIVISION , SECTOR I CONTRA COSTA COUNTYz, CALIFORNIA �!�'e„R ;..- 3c '{'ref ; ► r 4 r `4 � a r• �M -� * ' -,�ti �; - i !�.1ti^-t .s'��1'.ir-. .r;.:.. ,.. V1/- L - MILANO i�Oitt.'7: �;�:;� ^_.r�.?'.1s.= C:AflI11T' (';C+rt►e± ;<t:'�Ce :i A--P 0-RTJoN—oFF-C.0-tjc Q • } .:is ♦.!a... li-. ,�.i_' :i� ����� b, SCALE ! N FEET Ec�r� —a ;. *�. C,;.:••�a t'as.a, 1,000 0 2.000 A. z ; : 1,000 - ... 1 = nor 6870 Pa275 REC, JED AT REQUEST OF 15630 CONTRA COSTA COUNTY FEB 22 1913 AT cam Cn zt.cCOUN Y RECORDS LOCK — rF.E6 22 1973 W. T. PAASCH COUNTY RECORDER FEE $ OFF'L BOARD OF SUPERVISORS, ONTRA COSTA COUNTY, CALIFORNIA Re. Establishing Agricultural Preserve No. 14-73 , and (LLUT1014 N0. 73 66 AuthorizinLank Conservation Contract(s5. ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted. report(s) of tie Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. _+ Owner Application No. Wilbert and Helen Perry and 1670-RZ ,William Perry Silva ARosa M. Silva 1684-R Z IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on January 23 . 1973 c c: Planning Assessor L Assessor �M+Ns r�.�l�;.;.. .n �... �o,„...,..,,, County Counsel i p orioiwal daeurn..!��iel, i. a.e P. ,,,. o/lGa., ow!• Recorder File t�af by A. fi—rd o'sopo'. RESOLUTION NO. 73/66 ";';��� A2T ST.trW.4c,4pAASCHoeaunit )A Clark of ';';j -Board o' Spon!..►.,it --+� ,24f��JA N 2 3 Aa 19/f—`P Z RESOLUTION NO. 73/lo 6 LAND CONSERVATION CONTRACT 1 1. Parties. BY THIS CONTRACT, made and entered into the /3 day of Fe6-rae v e , 1973, Rosa (y1 I Sr I Va hereinafter referred to as 'OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and�7- 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during s`. the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 197, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as >- from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall 'y a notice of renewal be required of either party to effectuate the automatic y renewal of this paragraph. y 10. Cancellation. Except as provided in Section 11, the provisions i of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- i not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXDIII of the California Constitution. -4- 12. Eminent Dcmain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Hoard of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- • covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST W, T. PctcLse�r Clerk of Board B by an, err Supervisors OWNER c - We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. ! _4 Approved as to Form: JOHN B. CLAUSEN, County Counsel NOTE: All signatures must r be acknowledged. By L Deputy STATE OF CALIFORNIA, Jf: County,of. ALM. On tbil- kt ___-_.der of . 1' _._.in the year mw thousand Bine _ bundred and-SeIrGAIG t—before me, Women 'K• AAnis a Notary Public,State of California,duly commissioned and sworn, personally appeared__ }para Silva --•----- ............_... .- - -- - �L{ft!lIIItllttttllUtltllti " IT�•!tl•tn*.It111lttt1l[1Qt h ,n me be the person_..._.wbose name-- -L --subscribed to the within instrument OFFICIAL SEAL WARREN M. ANNIS and ackw*-.eledged to me that 3 be_-__.execused the same. 1.,„a•tr:l, NOTARY PUBLIC-CAL"'ORNIA ., Ij�j iYj�NESS WHEREOF 1 have AL n.toJes my band e+rd affixed my Official Ifa! i..., COUNTY OP FLAME ......_........ y M this in the___.__._____.__........County of__-•--..+.___........�.... ..the dry and year . . M,rcmminl0n fipins Mer_n 26.t9ib -_ ._._,.'•t/lllltilttitltllUgtlt{pttlptplttUtt7 certificate first above Written. 1 FORM No.32--General Acka—leo t- Notary Public,Serie of California. printed on Southworth's Pardue r Mamh 28, 19?5 My Commission Expires.__.._._....._._... 100%Gitoaa Fiber. ......"'...._. RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 328846 • The land referred to in this Deport is situated in the State of California, County of Contra Costa and is described as follows: Southeast 1/4 of Section 3, Township 2 South, Range 1 East, and the East 1/2 of the Southwest 1/4 and the East 1/2 of the West 1/2 of the Southwest 1/4 of Section 3, Township 2 South, Range I $ast, Mount Diablo Base and Meridian. SAVING AND EXCEPTING THEREFROM: That parcel of land for use as a public highway as y provided for in the deed from Antonio J. Lebnardo, et ux, to Contra Costa County dated January 20, 1927, recorded February 10, 1927, book 79, page 106, Official ' Records, described as follows: i ` Beginning at a point of the line between the lands of Antonio J. Leonardo, et al, from which point the northeast corner of the west 1/2 of the west 1/2 of the southwest 1/4 of Section 3, bears north 0° 56' 30" west, 655.70 feet; thence along said line, south o' 56' 30" east, 41.88 feet, from which the center of a curve to the left with a of 540.91 feet bears north 170 30' 28" west; thence leaving said dividing line and running along said curve in a northeasterly direction, 51.85 feet; theice north 67° east, 491.80 feet; thence north 39° 58' east, 440.76 feet; thence north 61° 35' east, 278.76 feet; thence north 86° 28' east, 770.04 feet; thence north 87° 03' east, 198.96 feet; thence north 87° 44' 30" east, 390.22 feet; thence sough 89° 59' 30" east, 428.18 feet; thence south 870 25' east, 120.58 feet; taence south 76° 10' east, 136.50 feet; thence on a curve to the left with a radius of 3.78.33 feet and tangent to the last mentioned course, 196.14 feet; thence north 70' 37' east, 180.11 feet to a line between lands of Antonio J. Leonardo, et al; thence along said line south 88° 29' 30" west, 130.33 feet; thence leaving said line socth 70' 37' west, 56.07 feet; thence on a curve to the right with a radius of 298.33 fest,, tangent to the last mentioned course, 172.55 feet; thence north 760 10' west, 79.32 feet to a line between lands of Antonio J. Leonardo and Thomas C. Bs t__=.:rt; thence along sand lane, south 88° 29' 30" west, 1040.70 feet; thence north 0° 56' 30" west, 0.37 feet to corner corm to lands of Leonardo,Bettencourt and Joy`nstan; thence along line between lands of Leonardo and Johnston south 88° 24' west, 756.81 feet; theme leaving said line, south 86° 28' west, 185.58 feet; SPECIAL INFORMATION (DESCRIPTION CON'TINUNED NEXT PAGE HEREIN) Unless shown in the body of this preliminary report there appears of record no transfers or agree- ments to transfer the land described herein recorded during the period of six months prior to the date of this report,except as follows: NONE. e b3 Fora No.734.2 328846 thence south 61° 35' vest, 295.22 feet; thence south 39. 58' crest, 438.78 feet; thence south 67° vest, 452.18 feet; thence on a curve to the right with a radius of 500.91 feet and tangent to the last mentioned course, 36.07 feet to the point of beginning. The above described- real property is located in the unincorporated area of the County of Contra Costa. ' Z t . 1684- RZ Contra Costa County band Conservation Contract No. EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: NONE 2. Existing Conforming Structures 1 house, 3 barns, 1 garage, and 7 sheds 3. Proposed Structures 1 new residence and addition to existing residence 4. Existing Land Use Grazing of livestock and hay crops 5. Proposed Land Use Grazing of livestock and hay crops Revised July 1, 1970 w R Z n4870 PAGE276 RESOLUTION NO. LAND CONSERVATION CONTRACT 1 1. Parties. BY THIS CONTRACT, made and entered into the day of F , 1973, Rn nSa M- S!ILI& hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. ProRerty Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- ■ B00i 6870 PACE277 S. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division /89, and Resolutions of the Contra Costa County Board of Supervisors Nos. 6y7 3 and/��• 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 800i 6870 PAGE278 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commienc- ing on the last day of February, 19-2--3 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- aoo 6870 PAGE279 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Goverment Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- NOW 6870 PAcE48�0 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the term of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sun equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- moo„6870 PACE2S1 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual el-- es will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the ha=m which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein oontained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- no-K 6870 PAGE282 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognised and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- n aw 6870 PAc£283 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of section 422 of the Revenue and Taxation Code. ATTEST COUNTY OF CONTRA COSTA Clerk of Board B . , Board of rvisors f pWNERl r We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. t t Approved as to Form: JOHN B. CLAUSEN, County Counsel � NOTE: All signatures must be acknowledged. - - - - - geAUtY_ STATE OF CALIFORNIA, I'D (]Q U PACE Q% Alameda n' .._....».............County of»._.»_..»._....».._,...__. On thir 24th ., of 4p�?�. LOx ysar mu tbart/xd min/ bd,,d a„d seven two .before me, v amen M. Annis a Notary Public,State of California,duly commimioned and sworn,personally appeared......»» Rosa Silva known to me to be the person...,.---whose name—_AS.,---..-subscribed to the within instrument nrttcsttstntttsrtuusnntst:arsrrt:irrarswssts>lsustss:a wd achowledged to me that S_ bs_.__exacuted the same. oFFTcuL SEAL IN wrrnESS W14EREOP I have bereawo sat m hand and •. . ' '' WARREN M. ANN{S � y /fixed my ofeciat seal s 4 L NOTARY PUBLIC•CALIFORNIA in tb/__...__ Coarnty of Alameda» _ ' ! COUNTY OF ALivtiEDA » » -..-.._1b/day Ind year irn Jhit t terilf{Lal/first abaC6 ori:ter. lar C..,I xicn Cxp(M Mvch:a,297@ ��r+:••M••--•*!sxcn!tunneutsnnsnnuotussss:sssesnn,e � /� , FORM No.92-General Ackno.1"4=eoL Maul Public,Stue of California. Priorcd on Sourhwonh's Pasebmesrt Deed March 28, 1976 t00%Canon Fiba. My Commission Expires d aoo�6870 PAcE285 RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of _r pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 aoo{6870 FACE286 328846 The land referred to in this Report is situated in the State of California, County of Contra Costa and is described as follows: Southeast 1/4 of Section 3, To-omship 2 Squth, Range 1 East, and the East 1/2 of the Southwest 1/4 and the East 1/2 of the Vest 1/2 of the Southwest 1/4 of Section 3, Township 2 South, Range 1 Es st, Mount Diablo Base and Meridian. SAVING A13D EXCEPTING THEREFROM: That parcel of land for use as a public highway as provided for in the deed from Antonio J. Lebnardo, et ux, to Contra Costa County dated January 20, 1927, recorded February 10, 1927, book 79, page 106, Official Records, described as follows: Beginning at a point of the line between the lands of Antonio J. Leonardo, et al, from which point the northeast corner of the west 1/2 of the west 1/2 of the southwest 1/4 of Section 3, bears north 0' 56' 30" west, 655.70 feet; thence along said line, south 0' 56' 30" east, 41.88 feet, from which the center of a curve to the left with a radius of 540.91 feet bears north 17' 30' 28" west; thence leaving said dividing line and running along said curve in a northeasterly direction, 51.85 feet; thence 4 _north 67' east, 491.80 feet; thence north 39' 58' east, 440.76 feet; thence north 61' 35' east, 278.76 feet; thence north 86' 28' east, 770.04 feet; thence north 87' 03' east, 198.96 feet; thence north 87' 44' 30" east, 390.22 feet; thence south 89' 59' 30" east, 428.18 feet; thence south 87' 25' east, 120.58 feet; thence south 76' 10' east, 136.50 feet; thence on a curve to the left with a radius of 3.:8.33 feet and tangent to the last mentioned course, 196.14 feet; thence north 701 37'. east, 180.11 feet to a line between lands of Antonio J. Leonardo, et al; thence along said line south 881 29' 30" West, 130.33 feet; thence leaving said line south 70° 37' crest, 56.07 feet; thence on a curve to the right with a radius of 298.33 feat,. tangent to }Aa last course, 172.53 feet; thence north 760 10' west, 79.32 feet to a ?ine between lands of Antonio J. Leonardo and Thomas C. Ba'rtencn<zrt; thence along. said 1_ae, south 88' 29' 30" west, 1040.70 feet; thence north 0' s6' 30" west, 0.37 feet to corner common to lands of Leonardo,Bette_sotrr and Jahn.:,"_on; thence along lin_ between lands of Leonardo and Johnston south 881 24' west, 756.81 feet; thence leaving said like, south 86' 28' west, 185.58 feet; SPECIAL INFORMATION (DESCRIPTION CONTINUNED NEXT PAGE HEREIN) Unless shonm in the hody of this preliminary report there appears of record no transfers or agree- ments to transfer the land described herein recorded during the period of six months prior to the date of this report,except as follows: NONE. o b3 Form No.734.2 BOO'6870 PAGE48 j 328846 thence south 611 35` west, 295.22 feet; thence south 39° 58` west, 438.78 feet; thence south 67° West, 482.18 feet; thence on a curve to the right with a radius of 500.91 feet and tangent to the last mentioned course, 36.07 feet to the point of beginning. The above described- real property is located in the unincorporated area of the County of Contra Costa. x a POR. SECSID 4, a £ IG T?S. R.I E. P,.I.D jJ4. s DOUGHERT`f RANCH mt3 8-45 BOOK 68 t V PdG m • P.B. 204 M � 1 Opo 9 • - _ � , e J t= t.• e O . Q i Ate 1 INST©N ! 3 2-1.-- 10!0 ° l s r4 ` 6 4 L'?-S. R.1 E. M.DB.M- EC.34 P4R.SEC.33 T. I J9R.l E- M.D.B-M- PAGE289- N M • V R � o o A � o • . . ow W ♦" ' O �./ ♦,'. ,�� I♦I 1. f ♦�� i �' 1♦i - - 1 N.h7 r i PAGE 07 • � ••` � •S�y`tii �^�ray`fie.���I� � • cb4 cLIN s 1684- gZ Contra Costa County Land Conservation Contract No. 6r inc)70 PAGf29Jr) EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d), (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: NONE 2. Existing Conforming Structures 1 house, 3 barns, 1 garage and 7 sheds 3. Proposed Structures 1 new residence and addition to existing residence 4. Existing Land Use Grazing of livestock and hay crops 5. Proposed Laid Use Grazing of livestock and hay crops Revised July 1, 1970 4III0 OF UUCUMEnr STATE OF CAJ ORNIA, COUNTY OFOONTRA COSTA In the Matter of Publication of legal notice - Public Hearing Affidavit of Publication before Contra Costa County Board of Super- NOTICE OF PUBLIC HEARINGS BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISO visors on Rezoning Matters. P.O. #33664 ON REZONING MATTERS NOTICE is hereby given that on Tuesday, January STATE OF CALIFORNIA ) 1973 at 2:00 p.m.in Room 107 of the County Administra- Building, Corner of Pine and Escobar Streets, Marti County of Contra Costa ) California, the Contra Costa County Board of Superviu will hold public hearings to consider recommendation Wm. I{etsdever................................ being duly sworn. the Contra Costa County Planning Commission on deposes and says, that all times herein named he was and now is a following applications to rezone land. citizen of the United States of America, over the age of eighteen The locations of the applicants' lands'are within years, and a resident of said County of Contra Costa. That he is not, unincorporated territory of the County of Contra C= nor was he, at any of the times hereinafter named, a party to the State of California, generally identified as follows '._ above entitled proceedings, or interested therein, and that all of said precise descriptions may be examined in the Office of Director of Planning, County Administration tames he was, and now i; theoffice manager....................•............Martinez, California:) ....---...........--.... of THE VALLEY PIONEER, a newspaper printed, published and circv- Manuel Andrade,el a{., 1650 RZ, 13.20 acres,more or' office m located approximately 400 feet west of Tassajara - fated in said Contra Costa County, and an such ................................ the Contra Costa-Alameda County Line, in the T--- area, from General Agricultural District (A-2) he had charge of all advertisements in said newpaper. Agricultural Preserve District (A-4). That the said Valley Pioneer is a newspaper of general circulation in the said County of Contra Costa, published for the dissem- Annie Andrade. FinleyZ, 550 acres, more or less,len naticn of local and telegraphic news and intelligence of a general at the north end of ,in t Road,approximately 1 mile no ' character, having bona fide subscription list of paying subscribers of neralTassAg Road, in the Morgan Territory area, and which has been established, printed and published in said coup General Agricultural District (A-2) to Agricuitt P P county Preserve District (A-4). for more than two years last past, and which is act devoted to the profess-on, trade, calling, race or denomination, or any number there► Wilbert&Helen Perry&William Perry Silva, 1670-RZ, CL acres,more or less,located on both sides of Johnston" at its most easterly terminus,in the Tassajara area, That the ....................leSal..notiee ...... General Agricultural District (A-2). to Agrieulit Preserve (A-4). Rosa M.Silva, 1684-RZ.268.68 acres,more or less,of which the annexed is a printed copy, was printed and published in approximately 3585 feet on the south side of Johnston" the regular and entire issue of every number of said paper during approximately 1780 feet east of Tassajara Road, in Tassajara area,from General Agricultural District(A the period and Bines of publication for...One _ consecutive weeks, . Agricultural Preserve District (A-4). Mrd Jan. ?3 George D. Jr. & June A. Mallory. 1720-RZ, 408.77 ac to-wit: from the.....................................day of.._...................._..............19........ more or less,located on the east side of Morgan---'- Road, approximately 1.5 miles north of the Contra C- to and until the......................................day of................... 19........ Alameda County Line, in the Morgan Territory area, both days included, and as often during said period as said paper General Agricultural District (A-2) to Agriv - Preserve District (A-0). Jan. 1 By order of the Board of Supervisors of the County of C- Costa, State of California. 7T] DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of W. T. PA ASCH Board of Supervisors of the County of Contra Costa, SUPERVISORS California NTRA COSTA o. By Aileen Elder By_ Depu ' ' Deputy Clerk VP-1 Jan.3.1973 That said notice was published in the newspaper proper and not in a supplement. Subscribed and sworn before me this ) ......b#.........day of ........Jan•...................19....7 -. ) Notary public in and for the County of Contra Coria, .Skde of California. ' OT7(:F OF i II'tuc IIVARING ;3E ORT' TIFF ('( NVIA COST, COV17Y 130AIi4 OF ON tiF:'0'ITK(: MATTFRS :'OTI('I? is hereby given that on Tuesday, Jnnuary P3, 1973 at 2 :00 in Room 107 of the County hdministrntion T:uildinrl Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Fodrd of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Connission on the following applications to rezone land; The locations of the applicants ' lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California : ) Manuel Andrade , et al. , 1650-RZ9 13.20 acres, more or less, located approximately 400 feet west of Tassajara Road at the Contra Costa-Alameda County Line, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-LI ). Mamie Andrade, 1725-R?, 560 acres, more or less, located at the north end of Finley Road, approximately 1 mile north of Tassajara Road, in the Morpan Territory area, from General Agricultural District (A-2 ) to Agricultural Preserve District (A-4 ). Wilbert Ar Helen Perry & William Perr Silva, 1670-R7,, 23 acres, more or less, located on both sides of Johnston Road, at its most easterly terminus, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve (A-4). Rosa M. Silva, 1684-RZ, 268.68 acres, more or less, fronting approximately 3585 feet on the. south side of -Johnston Road, approximately 1780 feet east of Tassajara Road, in the Tassajara area, from General Ag-ricultural District (A-2) to Agricultural Preserve District (A-4). George D. Jr. & June A. Mellor , 1720-R7,, 408.77 acres, more or less, located on t e cant nide of Morrnn Terri- tory Road, approximately 1.5 miles north of the Contra Costa-Alameda County Line, in the Morgan Territory area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). By order of the Board of Supervisors of the County of Contra Coata, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contr Costa, State of G lifornie By Ai een der Deputy Clerrc 1684-RZ Rosa R. Silva (Applicant/Owner) 1. AFEW: 268.68 acres. 2. Location: .The site is located in the Tassajars area and lies w n the San Ramon Valley High School and Elementary School Districts. It lies outside the proposed sphere of influence of any city. 3. Topography: The terrain consists of steep and rolling hills. 4. lMz�nj: General Agricultural (A-2). S. . .Land Use 8 Value: The site is used for the Brazing of livestock and Me pro uct ou of feed. The assessed value of the property is as follows: Land: $60,705 Improvements: 2,900 6. General Plan DesUetion: The Land Use and Circulation Plan Tor 1963 recommends Extensive Agricultural. 7. Buildings: Existing structures consist of I house, 3 barns, 1 garage.and 7 sheds. S. The environmental impact study is attached to this report. It recommends approval. 9. Comments: This application has been reviered by Nr. Paul Lu6orn, UZY Fara Advisor; by Messrs. Joe Saice:ood and Frank Ascatipo of the Canty Assessor's Office; and by the staff of the Planning Department. All reviewers of this application have rec:o■naaded approval. 10. Staff iteca■meodations: Approval. r AT. DIA51.. DI`JISI SECTOR o - I A-2 % (/ Op — l 1 JL // �' ,ate ---f •a�"� ___— �- i q_2 7 74 • u r G O DIVISION — t� - - -- �{-- .. - C O .A.2. C 1 � .63 P1 ! _ •.. / < Q-2 . 4 �/ 9 A MTDIQH-_0 DIVISION. SECTOR B. Mi. DIRE PLEASAN i ON DIVISION. SECTOR 2. PLEASE CONTRA CCSTA COUNTY, CA .S .E-Ce> -t:_ +aP .E•1: SC•tet Fc . . � AT�MEt•� IMP ACT ST Rasa Sly "�-�,;i'i-` tt ��yjw.3}' •° r r•\r\-., s • r �' f��f+Y^fn .✓ � ! " r '+.:.-.. '� to �'�'f`� � ,') � ''� � `-, ,. •t � '�� f•�:. 1 � i �,. . � it _ �C� 6.f�! - , • ��``� � �•�•,./� t t... ..r� �'� ` _. {�{, / �t ? r/BaJG i 1(�'`(t' {1 >�,��✓7 1 ; /^ _�1 ar4✓ IM L r r_.—/ J ^.•�••„�)�•�ti✓r r,�n'} \L`•.t.^-'. ' r._/, r i -� T s� ;/i��r r�' r-% _�-.., rASSAJARA ;• < an 6 w.? O ro 13 ` !-> \� �, Oji j" ` tt f. ,,..% � t�,�.,/� _-..- j - -'�-../ .-- ,!• ,� �'•,�- I -lt''• �;,'�t �� 13 669 j _ .- ROnp py i•.•„Jr I�..�.\ I-__ �. '>: .-'�' ''1 ,' Szf^ Yiett -: --��'' -""1/; �`9�� hj:1 moi_.--.r=-'=�''-�^... C � 1[ tJ�' 1 !-''�' r, -, rj1' '.._.' _; J%=-.. -,•;' �'�;"�' .j ,�,�!�` / if w-- V � J• � w t1 ' 616, �.../t(`� 'r'`•-r ) tom,.--�.'°'���''` � �'`�.•J'�./ '^`:,� � �,:/'�� �,, '<' f'J.`M1 �\ ''' 1,��. �� rox�mate only' on this map are goundar�es � N��e' • I. PROJECT DESCRIPTION A. APPLICATION The applicant/owner, Rosa M. Silva, is applying to rezone 268.68 acres General Agriculture (A-2) to Agricultural Preserve (A-4) . The property is located in the vicinity of Johnston Road, east of Tassajara Road, and north of Highland Road in the southeast portion of Contra Costa County. B. REASON FOR APPLICATION The applicant desires a rezoninq to A-4, Agriculture Preserve, in order to enter into a contract with Contra Costa County for reten- tion of her property in agricultural use under the terms of the California Land Conservation Act of 1965. C. ASSOCIATED PROJECTS The study site is contiguous with an existing agricultural pre- serve (1616-RZ) located northerly and across Johnston Road. Agri- cultural lands with A-2 zoning surround the other three (3) sides of the subject property. Other agricultural preserves are located in the immediate vicinity. D. AREA DESCRIPTION Present use of the property is grazing with some dry farming. The only structures on the site are a house and several barns. Topo- graphy consists of rolling hills with flat land along a narrow alluvial valley adjoining Johnston Road. The property is drained by a fork of Tassajara Creek which flows southward into Alameda Creek in central Alameda County. Vegetation consists largely of grasslands with some brush and riparian tree species in the draws and creek beds. There is no residential development of significance in the immediate vicinity of the study site, nor is there any other develop- ment in the area. II. ENVIRONMENTAL IMPACT OF PROPOSED ACTION A. BENEFICIAL y Rezoning of the site to agricultural preserve would create no change in the present agricultural land use of the property. An agricultural preserve tends to discourage premature conversion of agriculture land to other uses, and indicates recognition of the value of these lands for food production and retention of open space. Similarly, A-4 rezoning retains a land use which is compatible with adjacent agricultural preserves. Continued use of the site for agriculture will preserve existing vegetation and natural drainage, thereby reducing erosion, downstream sedimentation and flood potential. B. ADVERSE Classification in agricultural preserve will cause a loss of pro- perty tax revenue to the County; however, the State partially reimburses this loss through agricultural preserve subvention. III. ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IIASLEMENTED None. The rezoning does not involve a change in land use which might have an adverse environmental effect. IV. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT None. (See above for tax losses.) V. ALTERNATIVES TO THE PROPOSED ACTIO14 A. No action. The applicant could continue to use the land for grazing, dry farming, and other commercial agriculture purposes under the same (A-2) zoning. B. In retaining the existing A-2 zoning, the applicant might find it desirable sometime in the future to rezone the land for residential or other uses. This would require construction of buildings and other structures on the property. C. With existing A-2 zoning, the applicant might also want to minor subdivide the property into parcels which would be uneconomic for agricultural pursuits. A number of minor subdivisions already exist along Finley Road north of the subject parcel, and along Johnston and Tassajara Roads just west and east of the subject parcel. Minor subdivision activity often leads to intensive residential development in agricultural areas. VI. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY One of the intents of the Land Conservation Act is to remove land from speculative-type development. By retaining the land in an agricultural preserve under its present use, the potential for speculative develop- ment is removed. This restriction on change of land use is for a mini- mum of 10 years, but may continue indefinitely if the landowner applies for renewal of his contract. Retention of applicant's property in agriculture is in conformance with the 1963 County General Plan which indicates extensive agricultural use for land in this area. VII. IRREVERSIBLE ENVIRONIM_NTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED None. The application does not propose a change in land use; therefore, there would be no irreversible environmental changes. VIII. GROWTH-INDUCING IMPACT OF THE PROPOSED ACTION None. The primary purpose of an agricultural preserve is to preserve land for productive agriculture. Because this reduces the probability land will be converted to more intensive uses, the impact is growth- retarding rather than growth-inducing. IX. BOUNDARIES OF THE AREA THAT MAY BE SIGNIFICANTLY.AFFECTED BY THE PROPOSED ACTION The creation of this and other agricultural preserves in the vicinity acts as a barrier to intensive development in the region. The affected area is the Tassajara Creek drainage basin intersected by Tassajara, Finley, and Highland Roads. X. QUALIFICATION OF PRE EIS PREPARATION;GENCY This Environmental Impact Statement has been prepared by County Planning Department staff. Consultants on the existing use of this site, and continuance of this use, have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's Office. JG:kac Rev. 11-6-72 i i3 f jI i Resolution No. 85-1972 l � RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF IFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY I O-L SA M. SILVA (APPLICANT & OWNER), (1684-RZ), IN THE ORDINANCE CODE SECTION PER- TAINING TO THE PRECISE ZONING FOR THE TASSATARA AREA OF SAID COUNTY. } WHEREAS, on September 17, 1968, the Board of Supervisors of the County ofl a Contra Costa, California, by Resolution No. 68-635, established rules and proced- Ores for the establishment of Agricultural Preserves and the execution of land l! onservation agreements; and 1� IWHEREAS, a request by ROSA M. SILVA (Applicant & Owner), (1684-RZ), to iliezone land in the Tassajara Area from General Agricultural District (A-2) to jAgricultural Preserve District (A-4), was received on May 8, 1972; and hIiEREAS, the Planning Department reviewed the aforementioned application land finds that this application meets the Land Conservation Agreement standards �nd conforms to the uses allowed in an A-4 District and thereby recommends to the Manning Cc ission of the County of Contra Costa, that this application be approved as submitted; and WHEREAS, after notice thereof having been lawfully given, a public hear- s 'ng was held by the Planning Commission on Tuesday, November 14, 1972, whereat al ersons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated al he testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends t �Ithe Board of Supervisors of the County of Contra Costa, that the rezoning request lof ROSA M. SILVA (Applicant & Owner), (1684-RZ), be APPROVED as to the change IGeneral Agricultural District (A-2) to Agricultural Preserve District (A-4) lan d that this change be made as is indicated on the findings map entitled: jtECOMMENDATION FOR A PORTION OF MT. DIABLO DIVISION, SECTOR 8, CONTRA COSTA COU4, CALIFORNIA, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the Planning Commission further recommends that the Board of Supervisors sign a contract with the property owner as a requirp- ent to establishing a Preserve; and f � BE 1T FURTHER RESOLVED that this recommendation be approved (1) This �f r a� � i Resolution No. 85-1972 application for change from A-2 to A-4 conforms to the Land Use & Circulation Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resolu- tion and deliver the same to the Board of Supervisors all in accordance with the (provisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution in- corporating the above and aforementioned was given by motion of the Planning Commission at a regular meeting on Tuesday, November 14, 1972, by the following vote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County, of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners None. t Chairman of the Plan ing Commission of the County of Contra Costa, State of California ATTEST: j ecretar o t e P1 Hing Comm o e' G' unty f Contra Costa, State of California -2- R f401 RZ - 1 � Z .z REMAIN A_4 AL REMAIN ADZ I / l --_ REMAIN r 4. f- -- - 0 A D REMAIN f EZ ONE— FROM 'A-2 �-� -A -¢ O REMAIN �•' I I s; -• t V A-2 RECOMMEND . , � ;�t3l�t A PORTION OF DIAB k ISION SECTOR 8' . ,TAUNT,Y', CALIFORNIA Chaim�n of ti t L ,—MILANO 11 'co.4fra 3 C -3' PIs)3nirg C,rimmission, State of C_%Urjruia, do h� reb A_ • �erWy thgt e�ii iy a Crus and correct copy of A, OART ION OF�T DIABLd DtVItiDN r t. 'n[ talin tue;, �u the.d�cfsioa of the f,'cn*r�, Cats GocL.i, Pi�.r��iig r + fission :r t'ae �tter.of_ R. S-lL VA 1684 i�Z • .-`" :' ,tom '��t-�..--_,^+.^ ...r..._".-. _. ._-_., _ .. .. _._,._ ..... . _.-_-. - ___ _ _ _-_ ._ if,,r Yt���v� 4'�T t ml -.LTi �. Y :. . . t �� o f ihc. LItS° r r - t 1 ChFi oat& 1 Cf t r 1�! F E E Tsecc .r�' of :.L!G' Lra+ii�i iT l�(JsK 2000 -a, rt F FtNDt�iG� NfAP s d _ Y .. .A. • .. ._ -- r.._ .. r :111 - - �' f I -- RZ , i { Q � . f REMAIN A'4 r i R E MAIN A' 2 f REMAIN f REMAIN R O D ON A — Z0 .� � REMAIN S � D . FEZ ONE FROM REMAIN - A- 2 TO f-1 '4" A-2 REMAIN A -2 F�ECO�IAME�!OAS !rt fl A P�?RT 0 , MT DIABL - 1 �51i� , BECT .41VraS ; j i Z ate <� d�F}�Iy�.�+y,a" •4 y ' OSTA Zi j. CALIFORNIA -- P-9N H , � 1 5 .�. - r+A ..i+�t+�••S.?fC:.+9:.r'i'S�ZC.t.... �y' w.. ��:r_ .. 'rt_6, r :i-k.c �i•a. !.�-s.+n � ... � �.� .,.,.,l L, l _MIL ANO ' r,:;+.zn�� Playing Cvmmiesi '; f - rerEi 3 that'.hid Lu a t3^.;ie ansa cbrre�copy . RORTI � •Dl� ` roti C t '. � j. � � .�-���•� 1.TA.R t .4.� �.i '4� 1s✓t ... ._ _ ..«--�, 1 y {M•rW-.�'.•i*YS�1ic�.' 5 uduMSQ� the ,,on the;decidon of fiQ l ice_/ v on m the a • . 'SCA L E I FE E T 100.41�y fie O 20�p tit' =� :'4>, r r• � � `� � �i'err P���'�- x _ Soo 10.00 • V - - J l: I'VE }�zi +d .t- e - t : ,. .- i• - �'' y ..*" s- rti� .�C nrI �i.0 u.tx o-r�,�,..'�it._. -51 _.w.»(^�� ...�/..��VA. :�.f�•Vc-i ..•.•'.ice- _ _ .. _ _ R -- } .. y. 'moi Sir. '-y,. •1n }T �hC '!*, w+�•_�^ Wit•. T .Y �•�i4.n- 3: FEB 22 1913 . ; 15637 REM& AT REQUEST OF CONTRA COSTA CUUIYT�`� FEB 22-tg ---------------- o AT / >— f *CLOCK CONTRA CCs;: t J QTY RECORDS W. T. par�CFj COUNTY RECORJtr FEE gFClt� � � BOARD OF SUPERVISORS, CONTRA COSTA COUN CIEORNIA ►i�• Re: Establishing Agricultural Preserve No. 14-73 , and RESOLUTION NO, 73/66 Authorizin Land Conservation Contract(s5-. ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 18, 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of tl,e Planning Corn!mission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent .with the Contra Cpsta County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. lA-71 Owner Application n No. Wilbert and Helen Perry and 1670-RZ William Perry Silva Rosa M. Silva 1684-RZ IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on JanuaLy 23 . 1973 • c c: Planning e9271N1se copy Assessor t""Afv Ant 114 i../.n, rrr. &aorr..r.o„e/it County Counsel �h was YmMr.;i.�i ;. on Al, .t ar�;e.. an f�•a yawed(W oa�epr.d b,IA.Board o/ Recorder & File o/ contra CORI,. co..'7. ca,;/a.,,;a OR r� ,1,`•';—a.ATTEST, w. T. PAASC H coa.r,e1.,, RESOLUTION N0. 73/66 a►af vio clerk o/ ea;d Beard o/ S.peniear., impst7.l..l. JA N 2 3 197 ................ ....o........... ,� aoo�:6870 W/15/ RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of 1973, WILBERT M. PERRY and HELEN PARRY, his wife, and WILLIAM PERRY SILVA hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -I- 6870 PAcE376 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. G9 7G•3 and 7366 . 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however; that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- a00r 6870 PAcE377 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- boo.-,6870 PAcf378 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no otrcr reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Goverinont Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- Boot,6870 PAGE379 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- r 6870 PACE380 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- BOOK 6870 PACE381 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency staking an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- 00:6870 PAGE382 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST A Clerk of Board B �(� i,Z-,,jB�oarcal of-Sun isors OWNER A" 9011 Wilbert M. Perry Helen Perry Will am Perry Silva We the undersigned trust deed or other encumbrance holders do hereby agree } to and agree to be bound by the above imposed restrictions. r Approved as to Form: JOHN B. CIAAUSEN, County Counsel NOTE: All signatures must be acknowledged. BDensity 9 —g- -'� To aa7 c (Individual) ��Gi;6870 PAGE383 O 1 STATE OF CALIFORNIA if COUNTY OF Alameda SS. On December 29, 1972 before me the undersigned, a No Public in and for said State.psi+ allp_ap WILBEART M. PERRY HELEN PEM and W W1LLI�j W W Y , -1 1 known to me IL to be the person S whose name are subscribed 1- to to the within instrument and acknowledged that they executed th?T11 i OFFICi1AL WITNESSnd and otfici i seal. ���JCaMOMM . )' Signature i, � GONNTY OF/1M11pN f uiawttbo"biimix S.W4 �►+�i Name (Typed or Printed) (This arae for a111dal notarial seal) x:6870 FACE384 RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of ONE pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 BOOT!6870 PACE385 DN-196089 PAGE 5 DESCRIPTION: " THE LAND REFERRED TO HEREI: IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED, DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN. EXCEPTING THEREFROM: A. THE PARCEL OF LAND DESCRIBED 1" THE DEED FROM WILLIAM PERRY SILVA, ET AL, TO AiITHONY J. TEIXERZA, ET UX, RECORDED OCTOBER 28, 1964, BOOK 4732, PAGE 207, OFFICIAL RECORDS. B. THE PARCEL OF LAND DESCRIBED IN THE DEED TO ANTHONY J. TEIXEIRA, ET U , RECORDED JULY 28, 1910, BOOK 6180, PAGE Iib, OFFICIAL RECORDS, AND DESCRIBED AS PARCEL. 4 HEREWITH. PARCEL 2: , THE SOUTHIIEST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE I EAST, MOUNT DIABLO BASE AND MERIDIAN. 41 EXCEPTING FRO;S PARCEL 2: 1. THE 3 ACRE PARCEL OF LA::D DESCRIBED IN THE DEED FROM JOSEPH BETTENCOURT TO MIANUEL SET T ENCOURT, ET AL, DATED JANUARY 7, 1936, 1AND RECORDED APRIL 23, 1942, BOOK u55, PAGE 407, OFFICIAL RECORDS. 2. THE 66. 43 ACRE PARCEL OF LA?;D DESCRIBED IAN THE DEED FROM JOSEPH BET T lENCOUR i TO t.ANUEL BE T TENCOUR T, ET AL, DATED NOVEMBER 7, 1936, AN RECORDED APRIL 23, 1342, COi: 659, PAGE 4407, OFFICIAL RECORDS. 1670-RZ Contra Costa County Land Conservation Contract o. EXHIBIT B eoox 6870 PACE 386 ALLOWABLE LAND USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e) , (f) , (g) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code section 8107: 1 house 2. Existing Conforming Structures 1 house, 2 barns and miscellaneous farm buildings 3. Proposed Structures NONE 4. Existing Land Use Grazing of livestock and dry farming 5. Proposed Land Use Grazing of livestock and dry farming Revised July 1, 1970 'PAID OF DOCUMEMp STATE OF CA14§ORNIA2 COUNTY OFOONTRA COSTA In the Matter of Publication of legal notice - Public hearing_ _. .-_. Affidavit of Publication before Contra Costa County Board of Super- -- - --- NOTICE(1F 1'UItLI('ill:AlI11 Gti ItF;F/11tF;TIIM --- ('ONTItA('O.."*A('O(IN'I'V ItOA Itl)OF'SUPF;ItVISOH visors on Rezoning; hatters. P.0.��3661a ONREZONING tilnrrl:its NOTICE is hereby given that on Tuesday, January STATE OF CALIFORNIA ) 1973 at 2:00 p.m.in Room 107 of the County Administrat Building, Corner of Pine and Escobar Streets, Martir County of Contra Costa ) California, the Contra Costa County Board of Supervis will hold public hearings to consider recommendation, jdm. I�etsdever ............................... being duly sworn, the Contra Costa County Planning Commission on deposes and says, that all times herein named he was and now is a following applications to rezone land. _ citizen of the United States of America, over the age of eighteen The locations of the applicants' lands are within years, and a resident of said County of Contra Costa. That he isnot unincorporated territory of the County of Contra Co: nor was he, at any of the times hereinafter named, a party to the State of California, generally identified as follows (m above entitled proceedings, or interested therein, and that all of said precise descriptions may he examined in the Office of Director of Planning, County Administration Buildi office manaf;er Martinez, California:) tames he was, and now is the ..................................................................... of THE VALLEY PIONEER, a newspaper printed, published and circu- Manuel Andrade.et al., 1650-RZ, 13.20 acres,more or located approximately 400 feet west of Tassajara Rost toted in said Contra Coates County, and as such -.office mgr. the Contra Costa-Alameda County Line, in the Tassa_' area, from General Agricultural District (A-2) .................... he had charge of all advertisements in said newpaper. Agricultural Preserve District (A-4). That the said Valley Pioneer is a newspaper of general circulation in the said County of Contra Costa, published for the dissem- Mamie Andrade, FinleyZ, 560 acres, more or less,lona naticn of local and telegraphic news and intelligence of a general at the north end of FinleRoad,approximately 1 mile fr character, havingbona fide subscription list of n subscribers of neralTassAg Road, in the Morgan Territory area, U P paying General Agricultural District (A-2) to Agricultu and which has been established, printed and published in said county preserve District (A-4). for more than two years last past, and which is net devoted to the profession, trade, calling, race or denomination, or any number them Wilbert&Helen Perry&William Perry Silva, 1670-RZ, of. acres,more or less,located on both sides of Johnston Ro at its most easterly terminus,in the Tassajara area,fr That the ....................legal__notice ..................................... General Agricultural District (A-2). to Agricultu Preserve Rosa M.Silva,1684-RZ,268.68 acres,more or less,front of which the annexed is a printed copy, was printed and published in approximately 3585 feet on the south side of Johnston Ho the regular and entire issue of every number of said paper during approximately 1780 feet east of Tassajara Road, in Tassajara area,from General Agricultural District(A-2: the period and tunes of publication for...Ont3........consecutive tel, Agricultural Preserve District (A4). to-wit: from the................ day of...........Jan................19...»_»73 George D. Jr. & June A. Mallory, 1720-RZ, 406.77 ac ... ...... more or less.located on the east side of Morgan Terrib Road, approximately 1.5 miles north of the Contra Cot to and until the......................................day of.....................................19......» Alameda County Line,in the Morgan Territory area,fn both days included, and as often during said period as said paper General Agricultural District (A-2) to Agrieultu Preserve District (A-4): LE ® Jan. 3, 1973 By order of the Board of Supervisors of the County of Con Costa, State of California. .RANI 10, I9 i3 DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Cleric of W. T. PA ASCH Board of Supervisors of the County of Contra Costa,Stan "COSTA VISORS California ENTRA By Aileen Elder By _ ;Depu ����� Deputy Clerk VP-1 Jan.3,1973 P033 That said notice was published in the newspaper proper and not in a supplement. Subscribed and sworn before me this ......I..... th day of .......Jan. Notary public in and far the County of Contra Costa. Skd* of California. NOTICP Or Pimr.TC 11FARTN63 RKPOUF ► 11F CONTRA VOa'r,� COUNTY BOATID OF SUPFRVI^,ORS ON RE7.0"LING MATTERS ` OTICE is hereby given that on Tuesday, January 23, 1973 at 2 :00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following, applications to rezone land; The locations of the applicants ' lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, Martinez, California : ) Manuel Andrade et al. , 1650-RZ, 13.20 acres, more or less, located approximately 400 feet west of Tassajara Road at the Contra Costa-Alameda County Line, in the Tassajars area, from General Agricultural District (A-2) to Agricultural Preserve District (A-!t). ?Mamie Andrade, 1725-RZ, 560 acres, more or less, located at the north end of Finley Road, approximately 1 mile north of Tassajara Road, in the Morgan Territory area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4 ). Wilbert & Helen Perm k William PerrSilva, 1670-R7,, 23 acres, more or less, locatedon o sides of Johnston Road, at its most easterly terminus, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve (A-4). Rosa M. Silva, 1684-RZ, 268.68 acres, more or less, fronting approximately 3585 feet on the south side of -Johnston Road, approximately 1780 feet east of Tassajera Road, in the Tassajara area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4). George D. Jr. tr June A. Mallory, 1720-R7,, 408.77 acres, more or less, located on the east side of Mori-an Terri- tory Road, approximately 1.5 miles north of the Contra Costa-Alameda County Line , in the Morgan Territory area, from General Agricultural District (A-2) to Agricultural . Preserve District (A-4)- By order of the Board of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contr Costa, tate of California By Aileen Elder " Deputy Clerk 1670-RZ Wilbert and Helen Perry, et al. (Applicants and Owners) 1. Acreage: 234 acres. 2. Location: The site is located in the Tassajara area and lies within the San Ramon Valley High School and Bilementary School districts. It lies outside the proposed sphere of influence of any city. 3. Topograph��: The terrain consists of .olling hills. 4. Zoning: General Agricultural (A-2) . S. Land Use and Value: 1 e property is tied for the grazing of live- stoc and some dry farming. The assessed value of the property is as follows: Land: $47,770 Improvements: 6,100 6. General Plan Designation: The Land Use and Circulation Plan for 1963, recommends ExtensiveAggricultural. 7. Buildings: Existing structures consist of 2 hcuses, 2 barns, andscellaneous structures. 8. The environmental impact study is attached to this report. It recommends approval. 9. Comments: This application has been reviewed by Mr. Paul Lamborn, County Farm Advisor; by Messrs. Joe Swicegood and Frank Ascatigno of the County Assessor's Office; and by the staff of the Planning Department. All _eviewers of this application have recomended approval. 10. Staff Recommendation: Approval. 16?0-RZ Wilbert and Helen Perry, et al. (Applicants and Owners) 1. Acreage: 234 acres. 2. Location: TAe site is located in the Tassajara area and lies within the San Ramon Valley Hig?i School and Elementary School districts. It lies outside the proposed sphere of influence of any city. 3. Topography: The terrain consists of rolling hills. 4. Zoning: General Agricultural (A-2). S. Land Use and Value: The property is used fcr the grazing of live- stock and some dry farming. The assessed value of the property is as follows: L=d: $47,770 Improvements: 8,100 6. General Plan Desi nation: The Land Use and Circulation Plan for 1963 recommends Extens.Lve Agricultural. 7. Buildings: Existing structures consist of 2 hruses, 2 barns, miscellaneous structures. S. The anvironmental impact study is attached to this report. It recommends approval. 9. Convents: This application has been reviewed by Mr. Paul Lamborn, County Farm Advisor; by Messrs. Joe Sw icegood and Frank Ascatigno of the County Assessor's Office; and by the staff of the Planning Department. All reviewers of this application have reco=ended approval. 10. Staff Recommendation: Approval. j � MT. DIABL`DIVI5I01v SECTOR n Y •)O)a7 J . , N I � _ 7 + J �� � „•�it t i y �/r 'f f r� �� C't'• �/•'�.''ti/`� 11�- )i.«z -fin ZIA 2. A,�C' .- _ _ _`",._pz �' f y' /_.. art !-, - ;�_`ti ,.` _.� _ •, •, LTi — — / ol XX oolr A-2 1670 RZ — — —c•s-et I lsi�'£Gs.uTa. • � r. — ..- x:.,5:0. tt ran� vis SMT DIASLO DiViS:0N. SECTOR 8. MT DIABL s � I I ENV I RON14ENTAL IMPACT STATEt4"T 167O-RZ et. al . __,,,• Perry. i `'-' l•J ,! Is� lJ1\ .rte -�-.% .� - (� ` �,�,,/'�;'f' 1 /`-�....+ '• .��`t�.. � Y.r�;fit,^ �/ f ..^�,," 276. E� J��• !r •,V / ,,,�♦ i "J i1Q3�� f --":.. 1 r �.,` r`,��J •.✓ �/� l f �t /� ;.: � ..rev • �-i? 'r�',r6iaJ• j t f, ' i/�'J ',�;;�•.� � t•\ N ;�j( � `I. �'-^^rte,:--•..�"',..:'' t l , � ✓ v `-- ^•.#.'co"i ,-.,�r•�1 �•\t�..-. i. aa,, � y' S i\ ,,N t�,•, � i i•,r`- ...,-= .i'. (/- .�, ._....� JI, .` ,I ..'�.,"�-�` • ,�.I:. ;�• a,;0 ;,. ,r✓ _...- f� "�l l�.'�{.� c��'•Y yns sat r��,." .(..•` •��,+�.,..v �;,, '-••"��.. f t t +� f .✓,.^._;vl/t^�...,,�'�"'-�r �^"' •^`�-''-'�4 saw •"!� t�+' • j'`�)t��'+�''}t '."J. •^�„ . � ;:a L ✓f �`, gar.' .:•' i�� t'�^sq _ t,,• y♦ fr j �.��'`-„'_. • ! ,tom } FS "�'` rte.,.�r,�...-�`�'�, � J��/l;, •�-�•�.• `:._.(;(, : ,�,�.r,. ;' _s' ii` ; Tscsajarw ;t ��.; ,�,TaSss�aT1C'Jt�•.'- --''^ .'l1.tp' ,.�•.'r i� '../+t,t,�\%�,v,`1 ...; '`S`-':s~ _f�,; �,;i ' ^ i .� �� as •s I ,"� •.� ,.--• /•' -�s.`„l•,1'\'`�'' r'�-'_.` �/tl�.. ���\t1 ,2 '• ��•,.----�''/�/ J ..~,./ •"`�''\�� •,�� +�i t ", ��`•..�,.`�"\t`�� ^' � '`}J +' 1. \y".� .��.-'� � ,"�/ ."� ., � NII "�'.��" '�/•, • ' ' / '/". `� �.. '_'-..:''' y'G�-E�' �•--~�,�,'•x•�-S: off.• `.�'..�'�z,a✓ •i sy14 713 • ell •� A � `'- J i� •tom �' /% �e.� �� ^•..� �. {�i\r ��-r�(! \,� \1 L ��.' t 1� b'y` ;�z•/ - Well ct -, "}?' �'�� //!��'ff``�� .•J 4•J'•-�`' i `' ,�. �i I'J \ �J t t J t ,, LOCATIO" V'AP Note: Boundaries on the above map are approximate. I. Introductory Remarks: A. Application: The applicants, Wilbert M. Perry, Helen Perry and William Perry Silva, are applying to rezone 234 acres from General Agriculture (A-2) to Agricultural Preserve (A-4) . The property is located on Johnston Road, in the vicinity of Tassajara and Highland Roads, in the south- east portion of Contra Costa County. B. Reason for Application: The applicants desire a rezoning to A-4, Agriculture Preserve, in order to enter into a contract with Contra Costa County for reten- tion of their property in agricultural use under the terms of the California Land Conservation Act of 1965. C. Associated Projects: The study site is contiguous with an existing agricultural pre- serve (1616-RZ) located to the west. Agricultural lands with A-2 zoning surround the other three (3) sides of the subject property. Other agricultural preserves are located in the immediate vicinity. D. Area Description: •Present use of the property is grazing with some dry farming. Structures present on the site include two houses and several barns. Topography consists of rolling hills with flat land along a narrow alluvial valley adjoining Johnston Road. The property is drained by a fork of Tassajara Creek which flows southward into Alameda Creek in central Alameda County. Vegetation consists largly of grasslands with some brush and riparian tree species in the draws and creek beds. There is no residential development of significance in the immediate vicinity of the study site, nor is there any other development in the area. II. Environmental Impact Evaluation: A. Environmental Impact of the Proposed Action: 1. Beneficial: Rezoning of the site to agricultural preserve would create no change in the present agricultural land use of the property. An agricultural preserve tends to discourage premature conversion of agriculture land to other uses, and indicates recognition of the value of these lands for food production and retention of open space. oimilarly, A-4 zoning retains a land use which is compatible with adjacent agricultural preserves. Continued use of this site for agriculture will :reserve existing vegetation and natural drainage, thereby reducing erosion, downstream sedimentation and flood potential. 2. Adverse: Classification in agricultural preserve will cause a loss of property tax revenue to the County; however, the State partially reimburses this loss through agricultural preserve subvention. B. Adverse Environmental Effects Which Cannot be Avoided if the Proposal is Implemented=.- None. mplementea:None. The rezoning does not involve a change in land use which might have an adverse environmental effect. C. Mitigation Measures Proposed to Minimize the Impact: None. (See above for tax losses.) D. Alternatives to the Proposed Action: 1. No action. The applicant could continue to use the land for grazing, dry farming, and other commercial agriculture pur- poses under the same (A-2) zoning. 2. In retaining the existing A-2 zoning, the applicant might find it desirable sometime in the future to rezone the land for residential or other uses. This would require construction of buildings and other structures on the property. 3. With existing A-2 zoning, the applicant might also want to minor -subdivide the property-into parcels which would be uneconomic for agricultural pursuits. A number of minor subdivisions already exist along Finley Road north of the subject parcel, and along roads west of the subject parcel. Minor subdivision activity often leads to intensive residential development in agricultural areas. E. Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Lona-Term Productivity: One of the intents of the Land Conservation Act is to remove land from speculative-type development. By retaining the land in an agricultural preserve under its present use, the potential for speculative develop- ment is removed. This restriction on change of land use if for a minimum of 10 years, but may continue indefinately if the landowner does not withdraw his Contract after the stated period. Retention of applicant's property in agriculture is in conformance with the 1963 County General Plan which indicates extensive agricultural use for land in this area. 2. F. Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should it be Implemented: None. The application does not propose a change in land use; therefore, there would be no irreversible environmental changes. G. Growth-inducing Impact of the Proposed Action: None. The primary purpose of an agricultural preserve is to preserve land for productive agriculture. Because this reduces the probability land will be converted to more intensive uses, the impact is growth-retarding rather than growth-inducing. H. Boundaries of the Area That May be Significantly Affected by the Proposed Action: The creation of this and other agricultural preserves in the vicinity acts as a barrier to intensive development in the region. The affected area is the Tassajara Creek drainage basin intersected by Tassajara, Finley, and Highland Roads. I. Qualifications of the EIS Preparation Agency: This EIS has been prepared by County Planning Department staff. Consultants on the existing use of this site, and continuance of this use, have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's Office. JG/clw 3. i i Resolution No. 82-1972 SOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF LIFORNIA, INCORPORATING FINDINGS AND RECO24ENDATIONS ON THE REQUESTED CHANGE B ILBERT $ HELEN PERRY F WILLIAM PERRY SILVA (APPLICANTS & OWNERS) - (1670-RZ), I HE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE TASSAJARA A OF SAID COUNTY. 1%liEREAS, on September 17, 1968, the Board of Supervisors of the County of Contra Costa, California, by Resolution No. 68-635, established rules and proced- ures for the establishment of Agricultural Preserves and the execution of land i (conservation agreements; and jWHEREAS, a request by WILBERT & HELEN PERRY $ WILLIAM PERRY SILVA (Applic rants and owners) , (1670-RZ), to rezone land in the Tassajara Area from General 11,AAgricultural District (A-2) to Agricultural Preserve District (A-4) , was receive ton March 15, 1972; and #� WHEREAS, the Planning Department reviewed the aforementioned application li and finds that this application meets the Land Conservation Agreement standards Iand conforms to the uses allowed in an A-4 District and thereby recommends to the IPlanning Commission of the County of Contra Costa, that this application be , approved as submitted; and WHEREAS, after notice thereof having been lawfully given, a public hearin Iwas held by the Planning Commission on Tuesday, November 14, 1972, whereat all t persons interested therein might appear and be heard; and f WHEREAS, the Planning Commission having fully considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning reques 11of WILBERT & HELEN PERRY & WILLIAM PERRY SILVA (Applicants & Owners) , (1670-RZ), The APPROVED as to the change from General Agricultural District (A-2) to Agricul - ural District (A-4) and that this change be made as is indicated on the findings I 11map entitled: RECO,NMENDATION FOR A PORTION OF MT. DIABLO DIVISION, SECTOR 8, ICONTRA COSTA COUINTY, CALIFORNIA, which is attached hereto and made a part hereof I and 11 BE IT FURTHER RESOLVED that the Planning Commission further recommends lithat the Board of Supervisors sign a contract with the property owners as a re- dc� 11 i 9 r Resolution No. 82-1972 �uirement to establishing a Preserve; and BE IT FURTHER RESOLVED that this recommendation be approved because: (1) This application for change from A-2 to A-4 conforms to the Land Use 4 Circulatio lan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning j mmission shall respectively sign and attest the certified copy of this resolu- ion and deliver the same to the Board of Supervisors all in accordance with the rovisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution in- � orporating the above and aforementioned was given by motion of the Planning ommission at a regular meeting on Tuesday, November 14, 1972, by the following ote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County f Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following ` vote of the Commission: AYES: Commissioners - Jeha, Young, Shelton, Hildebrand, Krueger, Compaglia, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. j Chairman of the Pl ning Commission of the 3 ATTEST: County of Contra Costa, State of California 5etretaft of t e lanning Co fission of UF j County /of Contra/'Costa, State of California -2- C � f 00F. 1401 r REMAIN A..4 REMAIN A" G ,-- REMAIN A-2I i REZONE FROM A-2To A- 4- __. _ -------- �` REMAIN r f - REMAIN '2 mom 1616 - RZ' ROAD REM AIN A-2. REMAIN I ! 1 1 j ..�• '' ��4a tt V t I RECOMMENDA, N FOR A PORTION OF C;T DIABL. IVISION SECTOR 8 y t C0NT,�:#' (yY.WS COUNTY, CALIFORNIA txNrJfv '17,:a t � , L� _."_'_"_"� i j.R_��.{�L{�i..J1r.�..4i�.. ._.�«_. --._-_ _ _..._. _. .�.. .. \..�l.iL�I;2 fi�1 !r �.1f•. 7 �4`"'�'. f4. '�� (;;.'ti?;�?�n(`, f -+' ��' "f E'! , i' .trirr...i�c-i`7A, w�L<'att t� ' � a •,. 3 �, �.� ,r.: ___-__A.__P0R'Tl0M_._0F__MT.-_D1A13LO DIVISION 1 •�i1°�� .'�;, i.�.f:. i! i.:iL •iit'i:•..J�-i i7 t; 4�i._. (.Mi�..1 rL `,,(':u:ii. Ly_.-P�.i+.tF'_ .(•.CSL'.':..'.=i:.iG iTl �...��: t:2 ii��?. % -._,._._,iia-.—PRRY E JQM .rr +C►L1t.._111 Oyu Zt�._.0 .Zf. /oo-1j 4 A t C A L E i N FEET rzzsx: coxm� state at cax=lia 0 2000 A -'"'s+t, ,sem 4G 1000 ! G O - RZ. _ - Fl t�D!NG� i MPS>`'{ ? , to <:. i 14 01 -R Z A-4: a REMAIN �: ,, REMAIN A Z y � z� .0ol'� REZON "FROM : i AwZ TO-A- MAIN i REMAIN 1616 - RZ' AD REMAIN A1N o � R S� r r ft r- Q / t` - RZ I `— S Y� ••aa.Y ^`S N - R A PORTiO� OF RECOMMENLI ,. C� D - ISION 't SEMTa�, DIAB s CONS' C QST Y, CA L FOR K1A 7`- 's 1 , jam _ �'.•.•..•� .r'f M ontrn`Cozy re,';unt. sauzrig c��nm tr f.R+i fl Ctsilt t.�i!d L't a true and Cv' g F 4ECTOR .. nct�� ,'_:ng the,':on Ule dc.i.4ic�u of-tfi , s Coiu:miseioc in the clatter of____ •= fsf r T Gcr, 1 IiRAf�'�4}IXL t SCALE t N FEE T VITF•sT �-- .- ecreL ry of tae. Ccs tra �- F ., 0 2000..- _ a sip 1000. t: • tie 1470 - R7. S rn a * F ZW W PERRY ET AL 4 4s41 aoo 6867 Fw227 � r R-COR�DIE'"t'i AT REOUiFST OF CONTRA COSTA COUNTY FEB 20 1973 AT/4.1 ,/,q O'CLOCK {� 111. 24 1973 COWRA C'St,. COUNTY RECORDS W. T. PAASCH COUNTY RECORDE:2 FEE $ QFF'L, BOARD OF SUPERVISORS, CONTRA COSTA COUNTYg CALIFORNIA Re: Establishing Agricultural Preserve No. 5-73 , and ( RESOLUTION NO. 7x.,1 Authorizin Land Conservation t Contract(sf. ) ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted november 189 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub— mitted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: f Agricultural Preserve No. Offer A` cation No. Al Pacheco 1755-RZ Luz_aire Sindicich, Estate of 1674-RZ!` (Mary Simmons , Executrix) IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on _Auarx I cQ71 cc: Planning Assessor County Counsel c:6aT1r1AD cope Recorder & Filev/ »•td: that We i../.n, ca"Q/"t* I.iyi—I do..m..t w!;.(, ;. .n /;l. ;. ,/liCe, eAt RESOLUTION NO. 7-415Z d it'-a Da Od&ed."ted 4 A. Ro.•d/S".� w.om o/ Coeha C.'Hra Ca." C.;i/'.;'a, .. is".LoviL ATTEt7: ft. ?;pA.4c:�cj eowy.J..1 i �-o/!nio a/.►j o/ eaid B...d of Erp.ni.o..,� hey .Lei. JAN 2 31973 ...........................r....�. BOOK 6867 FACE228 + RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of , 197-?, MARY SIMIKONS Liz .ATRR STMMIMS and EMMA PEREIRA hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing i that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of t 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California u Revenue and Taxation Code. i _1_ 0 800�6867 PAGE 229 S. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terns, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. &J 6 3 and 7�. 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein= pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terns and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- S aoor 6867 PAGE230 S. Modification of Restrictions, The Board of Supervisors Of County nay from time to time and during the term of this Contract Y or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and �Y compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during x the term of this Contract or any renewals thereof. a. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 '7g , and shall remain in effect for E' a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the and that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- t, A I 0 coag 6867 pA&E231 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Govermaent Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- f f boo...6867 FAGE232 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- • aov 6867 PAGE233 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County Zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Hoard of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 0 a0of 6867 pAcF234 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- FAcE235 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA ATTEST erk of Board B W, Board_of Su isors likr R Esta a of i uz RE SINDICI .Q�► By. 1 N , Ex trlx ' I4gZAIRE SIMMONS ,r We the undersigned trust deed or other encumbrance holders do hereby agree + to and agree to be bound by the above imposed restrictions. NONE Approved as to Form: JOHN B. CLAUSEN, County Counsel NOTE: All signatures must .._- be acknowledged. B nen,>Ity -8- STATE OF CALIFORNIA, BOOK ME2W ' County f Contra Costa o On this twP1 ft-b day of__J2ECP.Mber in the year is one thousand nine hundred and 5z Q3zP�.-t-wn ___-_..-_-____._before me, EC,qN � Cl i ffnrd A- Egan a Notary Public, ORNI� State of California,duly commissioned and sworn,personally appearedM;3= Ci"Print, STA^j -Exes�xa x-,-Mary Sim an�rE",n,a Pereira T,n�a i ra c i mmons �1 kno-.on to me to be the person.E—whose names are subscribed to the within instrument, and acknowledged to me that_t..hey--executed the same. IN IVITNE 3JVHEREOF I have hereunto set my han and ofired my official seal in the C nt �ht day awd year in this a I' fir en. Notary Public,Static f alifornia.dfy Commission F cs....Ma�C�3-23.7...19.7..4.___ Coadery's Form No, ! —(Acknowlcilgmcnt---(;eneral) (C.. Sec. 1189) PRINTED 11/23/e5 61.0322 Boor 6867 FacE237 RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of 3 pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 6867 ME2t% EXHIBIT A Those parcels of land in the County of County of Contra.Costa, State of California, described as follows : PARCEL ONE Beginning at Station post R. B. at the northeast corner of the j Brackman portion. of Part F. Div�sion ,Ju;,.ber rive {5) of the Rancho i El Pinole; thence west along the northern boun.:ary of the Brack,«an � Tract, twelve (12) chains to station at the corner of lands Of Reder and Brackran; thence southwesterly along the dividing line of lands between Reder and Brac::man to a point two (2) chains sou:.h of Station + R; thence south two 10/100 (2-10-100) chains to Station post B; thence west t•:;enty-three (23) chains to station post R.2B.2, On t'r.2 western boundary of Part F. Division F=ve (5) of the Rancho E1 ?i::ole; thence south twenty-four 15/100 (24-15/100) chains to Sta;.'on post. P.R. 26; thence east along the Pinole Rancho boundary, forty ('40) chains to Station post P.R. 27; thence north t,.•;enty-eyght 65/100 (28-85/100) chains to the point of beginning, containing 105 and 50/100 acres of land more or less. Also all of that portion of Lots I and 2, Section Th_'rte - our (3 ) TownshiD TWO (2) ;worth of i'.ange Three (3) West :-fount Diablo Meridian, lying, south and :gest of the folio;ring described line. Beginning at Station post, R.B. at the northeast corner of the �rackmar. portion of part F. Division Number rive (5) of the Ranc:.o E1 -1)4nole; thence south 51 1/2 east crossing Lots One and i ;o , sixteen and 50/100 (16-50/100) chains to station on the eastern boundary line ol, Lot Two, Section Thirty-Four ( 34) Township Two (2) North of Range Three . 3) West, Mount Diablo I,ieridian, containing 31 37/100 acres of land, more or less. EXCEPTING FROM PARCEL ONE: The interest conveyed in the deed to Contra Costa County recorded august 14, 1953, Book 2175, Off+cial Records, page 595. PARCEL TWO Beginning at Post J.H.J.K. situated on the boundary of the Rancho : El Pinole, at the II.:;. corner of Part F. Div,sion Number Five o: said Rancho El Pinole ; thence along the Ranch boundary south c rains to Station Post R.B. , thence west leav=n•r, the Rancho boundary '_'!.OJ chains to Station Post R; thence south 4.10 cha-n;, to Stat-on ?os B; thence west 23-OU c:-a_cis to :;tat_on Post, R. 26. 2 on the western boundary of Fart F. , thence north ,. 65 chains to Station :lost J ,a.S.S. , thence ea:,t 0. 00 chains into tree point of be iniiirig, containing (�;.e Hundred and Z--Ix acres of land. Excepting that portion described in Deed dated November 15 1937 and 'recorded November 26, 1,37, Volume 457 Official Records age 42 � containing 42.333.. acres, -1- SCHEDULE 1 i 2nd. Beglnninr, at a point 12.00 chaina west from the northeast • corner of Will=ars cracrm.n Mij) one hunared ana six acre tract in the Rancho L•'1 Pinclo; thence wass 5.00 cantna to station; thence south 1.00 chain:. to Station; thence norm 73 derreas eazu 5.00 chains to the place of becianinr and belnq a portion of Part Y. Division . No. 5 Rancho El P=hole. Containing one-half acre, more or less. 3rd. Bernninr at the corner of Sections 26, 27, 34 and 35 In Township Tho ) of Range Three (3) Nest M.Z. :n. , Bence south (::at��netia . variation 17 decrees East) along the Section line 20.63 cal= to a ' fence post where the fence crosses a creels and in zhe center 'of said creek; thence north 51 1/2 west bion,; a fence dir:.dlr. ire lanas of Brackman from .he lands owned by ceder 16.50 c a=.^-s to Folnt int e • boundary line of the Rancho El rlrole at the northoast corner of L111am • Braekman's land; thence north along sa=d Ranch boundary 10.03 chains -to a point on said ranch boundary :There the norm line of Section 34 ' Intersects the same; thenceeast to .the Point of Begining - containing 20.40 acres. •' 4th. Beginning at the southwest corner of Section 26. T. 2:1.2 A. 3 W. nit. Diablo Base and rierid=an; thence East abouteleven rocs '. to fence; thence a1c.nS fence in a northwasterly direcrien to a point - twenty rods due north from the point of beginning; thence soutih twen 7- rods into iiia point of be;inning, containing sixty-ciatirundrezha of one acre, more or less, being a pardon of the soutcweat quarter of the soutnweez quarter of said Sect:on co. ' 5th. Also Lots Numbered Three and Pour of Sect'_on '"wenty-seven (27) in Township 2 North and Range 3 :Pest of Riount D_ablo ;•:e:ithan containing 50.84 acres and being the easma land desce-bed :n a Patent ' Issued by the Cn_ted States of Acer=ca co rreae-ek Reder, dated• November 3rd, 13 3, and recorcea :n the office of "*he County Rocorder of the County o: Ca:ztra Cosca, StMt: of Califarnia, in ��olzne 8+2 of ' Patents at page 223, on Sepcember i7, 1392. Except:.zg therefrom the • portlon of said last deace-bed tract conveyed by Frederick Racer to t John Hardtng by easel sated October 22, 13dh, and recorded 1n said -Recorder's office in Vol=o 51 of %weds at page 33, and whlch•excepted portion Is in said deed desce bed as follows, to w,1 - Lot Numbered Three and a portion of Lot numbered Four of Section - Numbered Twenty-seven (27) In township slumbered 'Faro U)2) Nor ch and or Range Three (3) West, �1ount Diablo Base aha :•fier d:an, more particularly described by metes ana bounds as follows; to wit: Beginning at point on the Eastern boundary line at the Rancho E1 Pinole at the northwest corner or Lot No. 3 in rection 27. Township 2 North, H.•sn,-:e 3 ;�osc, i.L.,.;. , thence south alonc. i aneh Boundary 1=ro and Western eounu. ry of Lots Vnd 4 'a Station T.::..i.K. at t:e no ch- east carrier of t ne heder tract _n the �..u1c::o arl i=Hole; tronce sou-n. easterly a:o:ig fence lithe cc atltolon ori Liao eaazern bounuary line o: • ' • Lot 4. about r!.ve chains north: fret the southeast corner a- L.oc 4; • thence north along the anstern uoluicary 11s,a or Lots 3 andLo she northeast corner of sold Lou So. 3; ta:ence:great aionr,• the north line of,- said Lot 3 to ths' pout or beg:nnima s aortia=ninR a„auti 39.84 acres, ' . more or less. , '- .,Z_ n_^•:5:34 411 Recorded at the request of. V / r. .. MAY -9 1967 RECORDED AI E(2 A IQUE� OE Return to: zl wiA! E- zn0 AY -196T- ' �j AT. !'% O'CLOCK d M. B00�6867 40 BRAY, BALDWIN & EGAN /GbATR�A COSTA COUSTV AECarrof� W. T. PAASCH Martinez, n0.,l a r....,,.,a.. COUNTY RECORDER FEE S A ?,J THIS BOX FOR EXCLUSIVE USE OF C NTT RECORDER GRANT DEED (Individual Grantor) Order No For value received LUZAIRE SINDICICH, A Widow GRANT s to MARY SIMMONS, LUZAIRE SIMMONS and EMMA PEREIRA, each as to an undivided 1/3 interest as tenants in common. all that real property situate in the County of Contra Costa State of California,described as follows: Portion of Part "F11, Division Number 5 of the Rancho E1 Pinole, containing 42.333 acres, more or less, described as follows: Beginning at a redwood post designated R2B2 in the deed from Agnes R. Cornwell, et al, to Antone P. Sindicich, et ux, dated June 27, 1928 and recorded August 3, 1928 in Volume 126 of Official Records, at page 413; thence from said point of beginning, north 00 541 east, along the west line of the par- cel of land described in said deed (126 OR 413), being also the west line of said Part "F", 1837 feet to a redwood post designated JKSB on the north line of the parcel of land des- cribed in said deed (126 OR 413) ; thence south 890 071 east, along said north line, 1344.16 feet to an iron pipe, thence south 200 021 west, 628.5 feet to an iron pipe; thence north ` 550 19' west, 198.6 feet to an iron pipe; thence south 60 031 west, 637.3 feet to an iron pipe; thence south 10 35' west, 712 feet to an iron pipe on the south line of the parcel of land described in said deed (126 OR 413) distant thereon south 890 341 east, 907.43 feet from the point of beginning; thence north 890 341 west, along said south line, 907.43 feet to the point of beginning. WITNESS my hand this 2—j ,' day of April . 19 67 For joint tenancy deed add after grantee names.—"as joint tenants" STATE OF Or Ibif._.._.,2 ,aty of •r the year one lborlard rite brrdred before me, _CLITEORD A; EGAN -- a Notary Prblie it and for for W " �•'on— sC4fr. __Corny of _ daily rommil ioned and Iworn, Stals of Cdiforria, reiidirg lbnsir, perlotta!/r appsared..._..� keowr to me to be the perlon........wbole n=me. . mens,aril ar4norclydRed to me that....s i'�-•'-'----_----`btrribed to the witbitr ieitrr. IN n ITESS WHEREOF b° rxerrted the lame. ._ OF I have hererrto let my band aed affixed my ofFrial teal ' it the _.._Corer o --_ y f_ QLltrZ't3t8._ ---Jbe day and year it hbil ii Ah � csrti/frars/bft a ovs,�vrirtAt. F ih'wY,rv�Y`��SIr�L AF 1X � (Ao11ao,NRd[mon Notary Public in and for the............_•_ County of_ FOR, • END Or D�t;UNj V - E�ia.�r�rr�ur�tr�aac� public . ATTORlN[Yr MINYINO tUI►I,Y IORlM NO,[ a• My Commission Fsp Y commission expires March 24, 1966 SCHEDULE 1 G „` r . • J 1674- RZ Contra Costa County Land Conservation Contract No. 1 EXHIBIT B BOOT W67 FACE241 ALLOWABLE LAND USES Pursuant to the provisions of section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) , (d) , (e), (f) , (q) , (h) , (i) , and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures : are permitted, subject to the provisions of County Ordinance Code Section 8107: ,r NONE 2. Existing Conforming Structures 1 house, 1 garage and 1 barn 3. Proposed Structures NONE 4. Existing Land Use Grazing of livestock, hay crops, orchard and vineyard 5. Proposed Land Use Grazing of livestock, hay crops, orchard and vineyard. Revised July 1, 1970 '"M OF DOCUMENT" aoor W7 X310 146V REC01!-D AT REQUEST OF 'COS"C `—FEB 20 1973 FEB 20 1973 ATie ,,/d O'CLOCK 4 M. COWn COSTA COWITY RECORDS W. T. PAASCH COUNTY RECORDEbt FEE $ DEFT BOARD OF SUPERVISORS, /CONTRA COSTA COUNTY, CALIFORNIA Re: Establishing Agricultural ) Preserve No. �j3 , and ) RE,SOLUTION NO. __�� AuthorizinLan Conservation ) Contract(s5. ) ) The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County Ordinance Code, Section 89-3.102, and California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted November 189 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of tl,e Planning Commission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve No. 7.13... Offer Aovlicat o Noy Henry F. Duarte 1707-RZ ,//Mary Rose 1751 -RI IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED on a n_X23,- 1971 L cc: Planning Assessor County Counsel Recorder & File ✓ I eters ewr RESOLUTION N0. :..r�•...... ..:.,c :. ../if, j. -, dj.,�.w, • ..,"...d AWA TKN 2 3 1973 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of ME BOARD OF SUPMVISORS CO!rLRA COST-4 COUNTY. 1674-RZ; 1707 RZ;1706-RZ;1689 RZ; 1708-RZ PW 33666 Affidavit of Publication STATE OF CALIFORNIA, � HICAIiINt3� COUNTY OF CONTRA COSTA '�f1A4tiCOI@Y H(IARO A!:'lKIPEJ[YIsOWx_ . . 8.D$vid $lofiito being duly sworn deposes and says, that at all times herein named was, and now is K a citizen of the United States of America, over the age of eighteen r , 11eiitviiir�to years, and a resident of said County of Contra Costa. That he isAwoty not nor was at any time hereinafter named a party to the above o entified proceedings, or interested therein, and that all of said time was, and now is the principalclerk of the rimer of the Ft t ~ P of we MORNING NEWS-GAzi TrE, a newspaper printed, published and KCaotik taft circulated in said Contra Costa County, and as such principal cN clerk had charge of all advertisements in said newspaper. That - the said MORNING NEWS-GAzETrE, is a newspaper of general Y circulation as that term is defined by Section 6000 of the Government Code of the State of California,in the said County of Contra Costa _A1►.1 -6aidlt.�- published for the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list s 1� of paying subscribers and which has been established, printed and tws1 tai; published in said county for more than one year last past,and which -4). is not devoted to the interests or published for the entertainment of a particular class, profession, trade, calling, race or denomination, or bsvaitey any number thereof. ,ar;', s" NOTICE OF ._ That the_---•------_----___..._..HEARINGS-ON�APzLIC3TION5 RaneiF= M+t aia 2rws ' ! of which the annexed is a printed copy, was printed andP ublished £' oulgauc Dt '(e s, lo-.A/sI-3 • Rasia iaele� 17M AZ. lli Y/ in said paper at least_.-------� to war. from the---------tTl3 day o£..._. -�NaVj to the•-----»___...___.__.__— _day of______»_»»_..___»._».__»i9»»w. bra. jyrtda= {� t both days included, to wit: 1�1hRt.ititrK iM�:a 3 ar tYe so�tlN.'ridt. m x3��Raiis<<w� a[ J 3 1973 Y.._._.x--.____»._....____. _»- rs• ta.Fca�aep:: a�:sin =Dis iw=� �sutea k�e�rVIP!'ih0�'�bl' a.Vu,lt OC (,. -----------------------------_.—_--'-__.____________»—._____—_.—..»_"'_.—__._.»..-__-»-'_•-_ �MdrM$�g That the said notice was published in the newspaper proper and not a supplement. oe`� Subscribed and sworn to before me this 3rd. day of...JSnuBzy.........1911- I E D Notary Public in and for the County of Contra Costa, State of California �.r_._. ��l•i l O F 'c .:?L SFAL fit l • / �+ LA Vr_R:`' H0L;1 S W. T. PAASCN t M CLERK OF SUPcRVISORS Y ° �Y'''�= r ONTAA COSTA CO. ,.,t ` C`1JTtiA (-) t ,^. Fliy j 8y ___ Deputy .7 "a;r• St., Mirtlnez. Calif. 9.7553 4 3 0 0 NOTICE OF PUBLIC HEARINGS BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS OPI -REZONI','IG 14ATTFRS NOTICE is hereby given that on Tuesday, January 23, 1973 at 2:00 p.m. in Room 107 of the County Administration Building, Corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold public hearings to consider recommendations of the Contra Costa County Planning Commission on the following applications to rezone land: The locations of the applicants ' lands are within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (more precise descrip- tions may be examined in the Office of the Director of Planning, County Administration Building, 'tartinez, California : ) Mary Simmons, 1674-RZ, 274.29 acres, more or less, located on the north side of Alhambra Valley Road, approximately 1600 feet east of Hampton Road, Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-L� ). Henry F. Duarte , 1707-RZ, 120 acres, more or less, located on the south. side of Alhambra Valley Road, approximately 1.5 miles east of 'Hampton Road, in the Alhambra Valley area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4 ). Joe Duarte , 1706-R7, 150.11 acres , more or less, located approximately 1500 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4) . Rosie Santos, 1708-RZ, 116.96 acres, more or less, located easterly of the terminus of Garcia Ranch Road, approximately 2000 feet east of the intersection of Garcia Ranch Road and New Bear Creek Road, in the Briones Hills area, from General Agricultural District (A-2 ) to Agricultural Preserve District (A-4 ) . William W. Wallacker, Jr. , 1639-RZ, 25.36 acres, more or less, located on the south side of Glen Fraser Road, approximately 1 mile west of Franklin Canyon Road, in the Franklin Canyon area, from General Agricultural District (A-2) to Agricultural Preserve District (A-4 ). By order of the 3oard of Supervisors of the County of Contra Costa, State of California. DATED: December 5, 1972 W. T. PAASCH, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra Costa, State of alifornia ByAileen Elder Deputy Clerk 1674-RZ Nary Simmons, Applicant - 1. Acreage: 274.29 acres. 2. Location: The site is located in the Alhambra Valley a:-ea and lies wiEtin the Martinez IdShh School and Elementary School Districts. It lies outside the proposed sphere of influence of any city. 3. Topo�hy: The terrain consists of steep and rolling lills. 4. Zoning: General Agricultural (A-2). S. Land Use k Value: The site is used for the production of grapes, walnuts and the grazing of livestock. tae assessed value of the property is as follows: Land: $40,360 Improvements: 2,475 6. General PlanDesi Mtion: The Land Use and C;arc:dation Plan fcr 1963 recommends Extensive Agricultural. 7. Buildings: Existing structures consist of 1 house, i garage, aid 1 barn. 8. The environmenta: impact study is attached to this report. It recornds approval. 9. Co mrmts: Ibis application has been reviewed by Mr. Paul Lambtrn. Count Advisor; by Messrs. Joe Svicsgood and Frank AscatignL of the County Assessor's Office; and by the staff of the Pla=ning Department. All reviewers of this application have recommended approval. 10. Staff Recamrndations: Approval. H-1 oor J . –4 i f 3 A-4 � 1 t Are i t ` � t s I � i I � 1 7'j• ' w•a� f i 1 O L 3 •y I � p 1 O 1 R'• � !t 9 _ wt 9..•T. 1 I..t674 t t ♦r�si. 1 c4Ko 1 - 1 CONCORD DIVISION. SECTOR 1 1 ll ,.Cate+ CEO?" Tr1T Twr: r7 TK ra• OVCO•t0 TO a E•ES+ a:t . •1•T T-E•Ev CONTRA COST0. COU>iTY,Ca! iF4rtti:r. ' :��....:ca rte..; 1 r s► 111 MCMC SEC 744M Ji,IUSSC:79A 102 V OOC..l M:C MO 342, AS 1•rCMCCO •+ 0•:.Ml•:E MO --t •. •CC, 71-0 •wCrr 17 TML SOMIMO OWCn M.M:E OF CCMTO, :O7Tl C:U%.r, -:s r ;.-WOA— I . qOC O 7GI0 • L q�.101 4 170•.11: f.Y Ow ti�--r - -.�.•--•-..r.....- .... .. - .. .. ....- _- -. �... - ... rr. .-- .... ... _.._.- � • - .. .... - •. ..-.rte•.. • .. •..�..- •.• S_ - ' 1PAL� S,�A,��MENT • ,. ENVIRONMENTAL� 1t ., .. �� � TATE Z ,.+.. • _ y �� - t/ _. .�V„�N _n yam, . L,�.. Cr} ./ ¢ a; � '�' ..� `�1v�-.f.-'—'�—�O{jep`. �iC_fit.•n � ~ - `^ � •tom-^^'�� �1 .. .� `L., . �. say .� � � ;JY' -:• � ,^ �`� / . 1 .� �•�! ..�t � �\ f^�� ' t..:-�. -c.-^r _ - _ ..•,Wi`'`t' t,�i�t\�� ^. '•.1 t -�' • .t �' �j'� F` _,,, �'`�`r _ •,rte ,; �:� \~i- (fit ^ v1'• � ^=c-•�` _ =_ ,..-r-v:� ,, \..-�'`---n�•--� C .�;;.,:.,•,t�y jtl i-•-'i Ito ;... �-1)6 �.vall�tll _ }: L CA11�N >��pp approX�ma are dar1e5 of SUbJe ct property B,Uvv Note' r i ENVIRONMENTAL IMPACT REPORT (1674 RZ) A. Preliminary Remarks: 1. Application: The applicants Mary Simmons Executrix for the Estate of Luzaire Sindicich,Emma Pereira, Luzaire Simmons, and Mary Simmons are applying for a rezoning from General Agricultural (A-2) to Agricultural Preserve (A-4) of 274.29 acres located on the north side of Alhambra Valley Road in the Alhambra Valley area.. 2. Reason for Application: The applicants state that they desire a rezoning to A-4 in order to enter into a contract with Contra Costa County for retention of their property in agricultural land use under the terms of the California Land Conservation Act of 1965. 3. Associated Projects: The subject property is bounded on the west by an existing agricultural preserve approved under 1504 R Z and on the north-east by an agricultural preserve approved under 1386 R Z. 4. Area Description: The property consists of moderately steep to steep hills ranging in elevation from 660 feet above sea level to 1060 feet above sea level. It is drained by the headwaters of Arroyo del Hambre (Alhambra) Creek which flows through the Alhambra Valley and empties into Carquinez Straits at Martinez. The vegetation consists principally of grasslands with scattered groves of trees. The lower slopes in the center of the property along the headwaters of the creek are planted in orchards and vineyards. The land is utilized for the production of grapes, walnuts and the grazing of livestock. Hay crops are obtained from the less steep slopes. Existing structures on the property consist of a house, garage, and barn. There is no residential development of significance in the vicinity of the subject property nor is there any other development in the area. B. Environmental Impact Evaluation: 1. The Environmental Impact of Proposed Action: a. Beneficial Environmental Impact: The proposed change in zoning of the property to agricultural preserve will create no change in the existing use of the property which is presently farming and grazing. The surr- ounding properties are also under the same or similar use. The conversion of this property to an agricultural preserve will prevent any future change in land use for a period of at least ten years and aid in the preservation of the rural,agricul- , tural character of the upper Alhambra Valley Area. b. Adverse Environmental Impact: The conversion of this property to agricultural preserve would have the effect of lowering property tax revenues to the local govern- ment jurisdictions. 2. Any Adverse Environmental Effects Which Cannot be Avoided if this Proposal is Implemented: (See item l.b. above) 3. Mitigating Measures Proposed to Minimize the Impact: In accordance with recently enacted legislation, the State will partially reimburse local governments for the loss in tax revenue. 4. Alternatives to the Proposed Action: a. The applicant can continue to utilize the land for farming and grazing under the present zoning classification. b. The applicant might at some future date request a rezoning to a more intensive land-use. v. The applicant could split the property through the minor subdivision process resulting in the reduction of parcel size to the point where it is no longer economically feasible to retain the land in an agricultural use. S. The Relationship Between Local Short-Term Uses of Man's En- vironment. and the Maintenance and Enhancement of Long-Term Productivity: One of the intents of the Land Conservation Act is to remove land from speculative-type development. By retaining the land in an agricultural preserve under its present use, the land will be removed from speculation for other types of development. This restriction on change of land use is for a minimum of 10 years, and may continue on indefinately. _ In addition, this proposed change is in conformance with the 1963 Contra Costa County Land Use and Circulation Plan which indicates an extensive agricultural use for the' .area in question. 6. Any Irreversible Environmental Changes Which Would be Involved_ in the Proposed Action Should it be Implemented: The proposed action will not make any change in the present use of the land; therefore, there will be no irreversible environmental changes. 2, 7. The Growth-inducing Impact of the Proposed Action: The purpose of creating agricultural preserves is to retain the land in agricultural use for as long a period as possible. Because this is a very low intensity use the effect will be to inhibit rather than induce growth. S. The Boundaries of the Area That May be Significantly Affected by the Proposed Action: The creation of this and other agri- cultural preserves in the upper Alhambra Valley acts as a barrier to intensive development in the area. The area affected is the upper Arroyo del Hambre (Alhambra) Creek drainage basin from Reliez Valley Road westward. 9. Qualifications of EIS Preparation Agency: This EIS has been prepared by the staff of the County Planning Department. Consultants on the existing use of the site and desirability of its continuance for this use have been Mr. Paul Lamborn, County Farm Advisor, and Mr. Joseph Swicegood and Frank Ascatigno of the County Assessor's office. 3. it Resolution No. 86-1972 tESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF P%LIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE Y THE ESTATE OF LUZAIRE.SINDICICH (DECEASED), MARY SIMMONS (EXECUTRIX) , (1674- . N THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ALHAMBRA 1�ALLEY AREA OF SAID COUNTY. r, itWHEREAS, on September 17, 1968, the Board of Supervisors of the County o ,Contra Costa, California, by Resolution No. 68-635, established rules and proced-ures for the establishment of Agricultural Preserves and the execution of land t Iconservation agreements; and 11 WHEREAS, a request by LUZAIRE SINDICICH (Deceased) , MARY SIMMONS (Execu- r jt trix) , (1674-RZ) , to rezone land in the Alhambra Valley Area from General Agricul- tural District (A-2) to Agricultural Preserve District (A-4) , was received on April 3, 1972; and I i WHEREAS, the Planning Department reviewed the aforementioned application r and finds that this application meets the Land Conservation Agreement standards and conforms to the uses allowed in an A-4 District and thereby recommends to the Planning Commission of the County of Contra Costa, that this application be appreved as submitted; and i t WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the Planning Commission on Tuesday, November 14, 1972, whereat all llnarsons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated fall the testimony and evidence submitted in this matter; and NOW THEREFORE BE IT RESOLVED that the Planning Commission recommends t itheBoard of Supervisors of the County of Contra Costa, that the rezoning reques iof LUZAIRE SINDICICH (Deceased) , MARY SIMMONS (Executrix) , (1674-RZ) , be I� APPROVED as to the change from General Agricultural District (A-2) to Agricultural Preserve District (A-4) , and that this change be made as is indicated on the findings map entitled: RECOMMENDATION FOR A PORTION OF CONCORD DIVISION, SECTOR i ,I 11, CONTRA COSTA COUNTY, CALIFORNIA, which is attached hereto and made a part her �of; and BE IT FURTHER RESOLVED that the Planning Commission further recommends that the Board of Superviosrs sign a contract with the property owner as require I Resolution No. 86-1972 to establish a Preserve; and BE IT FURTHER RESOLVED that this recommendation be approved because: (1) This application for change from A-2 to A-4 conforms to the Land Use & Circula- tion Plan adopted in 1963; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall respectively sign and attest the certified copy of this resolu- tion and deliver the same to the Board of Supervisors all in accordance with the provisions of the Conservation and Planning Law of the State of California. An instruction by the Planning Commission to prepare this resolution in- corporating the above and aforementioned was given by motion of the Planning +( Commission at a regular meeting on Tuesday, November 14, 1972, by the following vote: AYES: Commissioners - Jeha, Compaglia, Krueger, Hildebrand, Shelton, Young, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was dul called and held in accordance with the law on Tuesday, November 21, 1972, and that this resolution was duly and regularly passed and adopted by the following t vote of the Commission: AYES: Commissioners - 3eha, Young, Shelton, Hildebrand, Compaglia, Milano, Krueger. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chairman of the Plaxafirig Coss on of the ATTEST; County of Contra Costa, State of California it / ` � r Secre of the Planning 'ssion of the Coun of Cont Costa, State of California c -2- .rK t 1 1393--RL r A-2 REMAIN LI _ REMAIN Ao2 . 1386-RZ REZONE FROM A _2 TQ A ` 4 REMAIN MAIN REMAIN A 2 . REMAIN ROAD • r; AFM�I JN A -2 oi ,ECOMMENDATION FOR A PORTION OF ION SEC-TOR 103RD DIV�� ;. � f: ANTRA COSTA ; COUNTYs CALIFORNIA --L• MILANO ,......._., ._......._..s d.'�tr".WtaY1 of i11e > � A 'Q_RT_IQ1�__QF_C_ON-CQRQ__DIVISION_ SECTOR,I x xs Y:•Y M ARY _S IMM Q NS-,ET_A L b74 -R7.----- -0-N . te____QN . HOVE 8 R 2.1- 1 1972- FEET 972_FEE sy 2.000 rr 14'74-RZ . _ IlW //1�' 9 dle rk Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementj&L-JRZ Gentlemen: In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter h13, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The peapant.y under consideration contains approximately7=_ acres properties and J�f identified on Assessors Parcel Plumbers ohzo - o o A dlu34.,-- OS�o - au3_ 3� Z -oho - ooh �G2 -OSv -pas Owned by _ (�t��/�e f3 h�r�cue , and Assessors Parcel Numbers Owned by A.M. The hearing will be held on Thursday, January 16, 1969 at _G.=._�Bd�s in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. `dAMNIM.. PAASCH, CLERK By• Geraldine Russell. rk 6 j r p. :s PLANNING DEPARTMENT MEMORANDUM TO: Gerry Russell, Clerk of the Board DATE: January 23, 1973 Attn: Aileen Elder FROAI:Antbony A. Dehaesus SUBJ: 1972 Agricultural Preserve Joseph B. Barnwell Numbers The following list indicates the 1972 Agricultural Preserve numbers. Please assign as follows: AP 1-73 S3 1745-RZ✓ Shea "� AP 11-73/31716-RZ✓ Ginochio, Et Al L AP 2-7,��� 1740-RZ I Halliss ✓ AP 12-73 641735-RZs✓Silva-- J'. 3/ y s AP 3-73/.f-4- 1762-RZ'�Pereira, H.✓ AP 13-731650-RZ v-Andrade, M. 1763-RZ '� Pereira, E.✓ AP 14-7361684-RZ r./ Silva, R. 1764--RZ'� Pereira, J. ✓ 1670-RZ✓Perry & Silva, M. :i AP 4-73 f(, 176),-RZ✓ Pereira, A. ✓ AP 15-73/!Vl 1725-RZ�Andrade, M. AP 5-7��/s 7 1755-RZ!�'acheco ✓ AP 16-7�b�'1760-RZ ----Ackerman 1674-RZ- lSindicich ✓ 1730-RZ ✓ Cervantes. & Smith I- AP 6-7 S y 1689-RZ ,- Wallacker ✓ AP 17-7691736-RZ" Lynch Ranch & Dev., - AP 7-TS9 1707-RZ--'-Duarte, H. I/ 1720-RZ✓Mallory 1751-RZ✓ Rose ✓ AP AP 8-7�4o 1706-RZ i Duarte, J. _�/ APj -7 �// 1771-RZ 1708-RZ Santos 1/ AP/,j2 73/-67L750-RZ Houston AP 9-73/6/ 1709-RZ ✓ Becker, Et Al AP,2 -7x,/1750-RZ Houston 1754-RZ✓ Roberts & Wolcott - AP.a 2-7�7Z743-RZ Mulrooney AP 10-7�6 1732-RZ Newhall Land & Farming Co. r.- �C�I�TEL� W. T. PAASCN CLERK OARD OF SUPERVISORS NTRA COSTA rO. BY Deputy. t Q 11 lZ\1 rx ?; Qlli �y'1 V \ 1 1 zzt cm zi +1 `y E 3 .3 ry IRS J � 'mss VA \ \ A w J i 4 Vt Nrl', -.�`C. f: n' �� � w t N t•� r. � 1 r 1 , N � j+-_ n ' n lzlAl Iw tit eb CID, y a C e 1 � �� ► 1. ,_ �� � ' ` �' L r\i = nl rn � l �ti n` �Z r•�` ► :tl t� f., UJ r W tib -'`r � ,,r U� � •. (,� ,,. �,� L� .. it w w _.to Ut 3 Ga -�( lel vet �\ F�'t �•� r,,s l V{ uZ _ �t t: t f• r`! ` G � � � �_ � •� 11 v;� ;ri 7s C, U �: � \l � t!s� � " g\ n c IN it rN o .•: 1 ti rl C l•! Fr- N 1 ♦ J , h ti ♦ it ` � ♦ � � � � � C ti ,. tfj � _ � 3 :: ;-C r r: q ^ z _ ti r. h c ( L -C .�► 1 its n o i [r 3 1 Q r O l � o iL11": 11"Z I � � � o j fEi 'L. 9%Awda >w--• >wA0%0% NvAwNa0COD 00NO%W0\0 Q►ti0AO%W.% -- r.0 -` 000%n0" NW0\0-Qw00w0t_sOJta%O l'1%p000000.00 -+ OOVr:t000pOG`pO%vrr% O N coov) 000000WOOJ -X000`_- Jam: -+ O O%O O o 0 0 0 0 0 0 0 0 M O O O O O O O O O O O f I.� tj It r r' te � t• � l'1 r:7 := ry — . _ rn V L• kA In -( h rc z G Z t• v "t r t" -•i ' C•� �' ev � C --� _ ;y� ` ft f• C4 V ' • , A 'L f 0 41 gl� 2 - aAo - off r 1 t r 0 - 00/ 114 / -c Q ✓ U - 00 Ce,�e, Q .rQ0 -©O 7 r ' 3 t 4 t# ` SA 94 j d9 t i J G h _ — .2r© -0aZ, f o'' . .4, 249 -0 41 00 j �4,. T LVED W. T. PAASCH CLERK BOARD OF SUPERVIS003 PLANNING DEPARTMENTc ��cQS�` co. .vue HEWP UiDm ar ` E' r TO: Gerry Russell, Clerk of the Board DATEe October 28, 1970 Attention: Aileen Elder FROM: Anthony A. Dehaesus, Director of Planning SUHJ: 1971 Agricultural H. Russell Griffith, Principal Planner Preserve, Numbers • The following list indicates the 1971 Agricultural Preserve nusbers. Please assign as follows: Agricultural Preserve"" 1-71 1431-RZ (Rowell) ✓1472-BZ (KeHarry) 'VAP 2-7.1 1504-RZ (Pereira) SAP 3-71 1514-RZ (Abegg et al) —AP 4-71 1483-RZ (Pramberg) %.-AP 5-71 1511-RZ (Faria) SAP 6-71 1513-RZ (Robert Elworthy) AP 7-71 1528-RZ (W. W. Thomas) c vAP 8-71 1474-RZ (Frank Bettencourt)�/1499-RZ (Jams) V. _ 1529-RZ '(W. W. Thomas) vAP 9-71 .1478-RZ (Nielsen) &1484-RZ (Rasmussen) } -vAP10-71 1488-RZ (Reinstein) ✓AP11-71 1495-RZ (George 6 Beatrice Cardoza) L/ 1506-RZ (Marshall & Silva) ✓AP12-71 1496-RZ (George 6 Beatrice Cardoza) ✓AP13-71 1476-RZ (Morris-Sousa) X1492-RZ (Victorino) --AP14-71 1480-RZ (Stanley) i4486-RZ (Dias) V 1491-RZ (Victorino) &4497-2Z (Geo. 6 Joseph Cardona) ""15-71 1477-RZ (Morris) AP16-71 1521-RZ (Iwai) •✓AP17-71 1471-RZ (Laird) ✓AP18-71 1481-RZ ABonde) L-AP19-71 148241Z (Bonds) J- - a RECEIVED W. T. PAASCH CLERK 0OARO op SUPEFIVISORS PLANNING DEPARTMENT C TFtA C ST GO. MEMOPAMU i cy il.��✓• � eouer TO: Gerry Russell, Clerk of the Board DATE: October 28, 1970 Attention: Aileen Elder FRMI: Anthony A. Dehaesus, Director of Planning SUBJ: 1971 Agricultural H. Russell Griffith, Principal Planner Preserve Numbers The following list indicates the 1971 Agricultural Preserve numbers. Please assign as follows: Agricultural PreserveAP 1-71 1431-RZ (Rowell) x/1472-RZ (McHarry) vAP 2-7.1 1504-RZ (Pereira) SAP 3-71 1514-RZ (Abegg et al) —AP 4-71 1483-RZ (Pramberg) ,,-AP 5-71 1511-RZ (Faria) AP 6-71 1513-RZ (Robert Elworthy) ./AP 7-71 1528-RZ (W. W. Thomas) vAP 8-71 1474-RZ (Frank Bettencourt)P149,9-RZ (James) 1529-RZ '(W. W. Thomas) SAP 9-71 .1478-RZ (Nielsen) L4484-RZ (Rasmussen) - -AP10-71 1488-RZ (Reinstein) ✓AP11-71 1495-RZ (George & Beatrice Cardoza) VII 1506-RZ (Marshall & Silva) '-'-AP12-71 1496-RZ (George & Beatrice Cardoza) IAAP13-71 1476-RZ (Morris-Souza) &'1492-RZ (Victorino) —AP14-71 1480-RZ (Stanley) &A486-RZ (Dias) V 1491-RZ (Victorino) 14497-RZ (Geo. & Joseph Cardona) ` -AP15-71 1477-RZ (Morris) AP16-71 1521-RZ (Iwai) AP17-71 1471-RZ (Laird) ✓AP18-71 1481-RZ (Bonde) L-M19-71 1482-RZ (Bonde) • . RECEIVED iOV2' -'-j 1J;9 W. T. PAASCH CLERK BOARD OF SUPERVISORS PLANNING DEPARTMENT c cosy o. MEMORANDUM By Devucy TO: Gerry Russell DATE: November 24, 1970 Clerk of the Board FROM: Anthony A. Dehaesus, Direc r of Planning SUBJ: Agricultural Preserve By: H. Russell Griffithrincipal Planner Publications To avoid duplication of zoning map publication on the following preserves, we request the Board to use the following newspapers: Hearing - Tuesday, December 1, 1970 Newspaper Reinstein - 1488-RZ __ _ _ Valley Pioneer, Danville Faria - 1511-RZ Post Dispatch, Pittsburg R. Elsworthy - 1513-RZ Is H to A. Begg, et al - 1514-RZ Morning News Gazette, Mtz. Hearing - Tuesday, December 8 W.W. Thomas - 1528-RZ Concord Transcript W. W. Thomas - 1529-RZ Lee Laird - 1471-RZ Diablo Valley News, Oakley HRG:EA cc - Dave Pass RECEIVED 1. !G ! � 'l 1:,, W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. — PLANNING DEPARTMENT 21Y Deputy MEMORANDUM TO: Gerry Russell, Clerk of the Board DATE: October 28, 1970 FRMI: H. Russell Griffith, Principal PUTSU&7: Newspapers for Publi- cation of Agricultural Preserves Yet To Be Heard 'By Board. In order to avoid duplication of zoning maps on the following Agricultural Preserves, please follow this list for Ordinance publication. 1471-RZ - Laird Diablo Valley News 1488-RZ - Warren Reinstein Valley Pioneer - 1521-RZ - Iwai, et al Brentwood News 1506-RZ - Marshall & Silva Brentwood News 1504-RZ - Frank Pereira Martinez, Morning News Gazette 1514-RZ - Abegg, et al At If " is 1511-RZ - Faria Concord Transcript 1513-RZ - Robert Elworthy Pittsburg Post Dispatch 1528-RZ - W. W. Thomas Concord Transcript 1529-BZ - W. W. Thomas HBG:gg RV- j OCT >J il'- W. T. PAAPCH CLERK VOAPri OV V!rnc PLANNING DEPARTMENT c�tNrwn MEMORANDUM TO: Gerry Russell, Clerk of the Board DATE: October 27, 1970 FROM: N. Russell Griffith, Principal Planner SUBJ: Agricultural Preserve Planning Department Application Publications To avoid duplication of publication of zoning maps showing the new agricultural preserves, please ask the Board to publish as follows: For Tuesday, October 27: Lois Pramberg 1483-RZ Ed Rasmussen 1484-RZ Wilbert Dias 1486-RZ ( Valley Pioneer John Victorino 1491-RZ John Victorino 1492-RZ Doris James 1499-RZ ( Concord Transcript For Tuesday, November 4: George Cardoza 1495-RZ ( Brentwood News George Cardoza 1496-RZ George & Joseph Cardoza 1497-RZ ( Valley Pioneer. ARG:gg Q MAS RtC RDD AT RFQUt -OF A41 — Pc70CLOCt / . W"ge M. 1�14. T AS ,H FT SBRfi 1 i V VnTPLk__._V +.r_.....�...J r� r J F Agricultural ) Preserve No. , and Authorizing ) RESOLUTION NO: MI—Conservation ) ' Contra cki) ---Se d----La-nds,r �RB�h3H�iiG - f 6ER�A-I3F-I�4i+FH9 ' g'�i tnN� 6►( I -�46 A LTURA-L-PRESERVES--A-ND•4UTHOR3-Z -W E .1 TT01J__M11__ _ The Board of Supervisors of Contra Costa County RESOLVES THAT: i In accordance with -the County_9rdinance Code, �.,f i and Semi-an-- 238-af the California Government Code tYiis' Board is i authorized to de .eAwad establish lands within the county as Agricultural Preserves - i i accordance with Seo-tion-89--3-.-i-62--of--the County Ordinance - ;_ � ; Code .arid'��at�ian- 51240--e€---the California Government Code^'-thi's Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted Yovember 16, 1969. I This Board has reviewed applications for agricul1 reserves ' and land conservation contracts and has considered th` ioeeaww- s, ; dati"a of the Planning Comtr►ission and the Planning Department staff `*-'t s) Fig WYX:7'1\ , IT IS THER17ORE ORDERED that those lands described in the application(#) listed belowfre)hereby established and declared to be: Agricultural Preserve No. VwW Owner AR llcatio_w Noe IT IS FURTHER ORDERED that the ice-- Chairman of th 5Board,-9t- Snpevv4-sars, on behalf of the County, execute land conservation contracts with the above owner) relating to those lands, 4— the ea--spp 21�cst#os�a. PASSED and ADOPTED on N 9 . ev�G• t„perX_i.s.ar..s_..J.•.—P.—Kerrrty-;_k-,---Ft-,_Q�►s , �'�-�.,. -E.- A. Linscheid , T. J . Co-11 , -, None.e. - CERTIFIED COPT 1j� �` -�A _l L }Y -w f ",fill 114.1(hi•i.s�r/�, (ru• &-ABS ENT _ J -er�J-Y.r--"Y-���`• Maria- •_ ,►i0iwa� io[r.nnf �lic� i• on �� : .wr o��ic.. ew, . . .. `O 1� � �. (�af if mor j.ara..l 1d svort .i 6.t�. :.,•n..�of�rp.n ' _ t+,a,• of Cow • t"o.nrT, t. .f,• a. o. fS, CC: Planning �.f.,�o.w_ iirT:,•i: d,.1 Assessor B' �-officio .aid t?wrd of r� ••i•,..,h County Counsel Recorder & File ✓ �/ RESOLUTION NO. 64f696 ��6%` CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office Memo Date: February 24, 1971 To: County Recorder From: Clerk of the Board - G. Russell by D. Lazzarini Subject: Recording of Agricultural Preserve Contracts. Will you please record these documents as soon as possible. It is required that they be recorded before the lien date, and should, therefore, be recorded by Friday, February 26, 1971. Please return following recording. p.s. There will be about 7 more of these, which we will get to you tomorrow. f IN THE BO&RD of SUPEkVISJ2S of covvaa cas:3, cj avY, STATE OF CALIFORNIA January 26 , 19.,71 ., . ' n the natter of Approving � aezoning ordinances. On motion of Supervisor E. A. Linscheid , sea-)nded by Supervisor W N_ Boame:,g , IT IS BY Tdd BOARD 0.D-AAD that the following ordinances, rezoning property in the areas indicated, are APP30VED and a copy of each shall be published in :.ho newspaper indicated for the time and in the manner required by No. 71-1, Tassajara Road area, requests of the following: A. Norris & K. Souza (1: 76-RZ) A. Morris (1177-RZ; C. Nielsen (147$-RZ) L. E. Stanley (1484-RZ) E. C. Rasmussen C 1481 -RZ) W. Dias (11.86-RZ) l,r. Reinstein (1488-RZ) Jerry 'Victorino (1: 91-RZ) Jerry Victorino (1492-RZ) G. Cardoza and J. Cardoza (1197-RZ) Published in the VALLEY PIOI�TEER; No. 71-2: Kirker Pass Road area, requests of the follcwrir." Y R. James (11{.9)-2,z} F. Bette:,court {1 .71,-RZ) W. 1-1. Thomas {1526,Z W. W. Thomas C 1529-RZ) Published in the CONCORD TRA-\SC4-U -', No. 71-3, Byron area, request of W. Col. C_1=59-RZ: ubiished in MM- DIABLO VALi E. F. WANAKA RICHMOND OFFICE COUNTY ASSESSOROFFICE OF THE ASSESSOR ". .236.24TWSTRssT 448", R. O. $EATON - QNE'-233=7080 ASSISTANT ASSESSOR CONTRA ONT COSTA COUNTY O-��T� '133 3382 PHONE 228-3000 .iK\lgl L\J 1 U JL`•1 .. FINANCE BUILDING MARTINEZ, 94853 " 'aoz1, . ,71' APN: 074-122.40j: Property Administration 4asoc3;ates, Inc. P.C'.- Bex:146 Fair- :itti�, red Lae F t:, We haves rooeivad your letter- of` Februa 1971, ref�►rrin : r`Y " . to Your eq iza-Ion a Pl cation 276:" We nate that the parcel,number used` re ante is "not " r the; . assessors parcel,fa} ti. c u t , . .. "oma We asstu it ums tranecrib$d incorrect wish. to a ure our- " selves thsproperty -ac Identified. vW- i � Wewish to assure you tha requ �tod, we shall he to. review our appraisal of our ar p prior to the 1971 lien PP y P � P dale and appreciate your offer .o ,Yying desired information. : hY Please .do not feel, th '.this would not be done in case you wanted to cont eyouurttemp to receive an equalization hearing. It is the Pio y of thi office to review property upon request of the owner also not o allow an appeal to preudiee a: thorough revie�r. or op ion of ue. Your requ, rev uld be directed to this office 'in Pare ".of I�r. $iirriston, Supervising Commereial Property Appraiser.. gip, Retails of t ng and m ting are bast handled directly with Mr. `Burri s tvt .� t In the at you ou3d desire to withdraw your request for bearing, a ,let cted to the- Clerk of the Board oi�' Supex��isorer Administration Building, I�tarti.nez., .California .94553, would:".suPfiae to accomplish your withdrawal and- very probe save cGnsi�orable . amount of administrative work -on- her part. RECEIVED Carl- S. Rush Chief Appraiser FEB 161971 W. PAASCH CL BO D OF SUPERVISORS -cc: Doti BurristoII By COSTA gO._ -Clerk- of the Boardsty of Supervisors _ w CONTRA COSTA COUNTY i` CLERK'S OFFICE Inter - Office Memo Date: February 2, 1971. To: Supervisor E. A. Lins cheid From: G. Russell, Assistant Clerk of the Board Subject: In reviewing our Commission lists it was noted that the term of office of Sal R. Russo on the Civil Service Commission expired January 15, 1971. x: f GR:bn A � 4 E/1iPzzawo NCS' Alb e zoP fs9 � ,' • , _ t Ol 104 A POr 1 4400 ORO=- AJ 6 _ , - ;V7ci f i g ea Ice ' VAMPdo --� ago po 47 4 , rl 7 77 C21 - ii - �2 f •?O /moi � - �;ii �f T.T✓ q�. 009 L � 2/7 .?,? t t• t I /t/.V�E �PEZON/N�f' /�O. 10 A 0 IP .27 A—CANAS40LAa i 'i +i = f i, 1I - t f' 1t 1. tl& _... e 2 d Fi=��. USS P,pESE-,FVE ,�1a. /6/e9�lE- .Perarr�.vfvcs' Ao. ti90 rs.�N, J�sr�w ,r.�rsl X wleTNt; f�E,l,�l�E,!r /3C7Q L- ` /C! 46 ',;: elr V,44- 45 �-- �/f 5 t=!'6E.PT 1.1 f . ,E•c worryr, ft'dE.Pr, /,To.2 °X _ LEE '.tt earc'.4 /3.x6 ,.- �- ' Alp I /340��X "x ,r4A**4s If Ad 67 wr 6'm voc wo J frA. /3/7 / er We. /3117 .21 �41pe rrE,04o It i�il! o Lam.�'. /: 9� 1 �- _ t 4# E.tE.P!/E Alm N.�•7�' o eO7o,O11Mdr' moo. - •2� 6 � � '� � �OSLEr�Pvey L. �,?97 .�X f ,ZS b �•�9 NistEN� .Ti�,.�Es /308 .,;4 � N/s1ErVi Chi . /307 � � 4127 +» 7 i •:;3 -s �SS> i i 1 f ' A7- - REQ U es Tam oR1J. /Yo �/� !3!t? RZ 1311 _R z- o r //UG t"iE'r b?- Z, Qf 13 31 R2 . d . A40RGAly 1334-RZ C`• lilA-No �� ,� a om i -r 30� -Fez_'; ,. �� --7 • r j - 4 4 3 0-f-R2, : GvcZLS F ,R 60 6,A�Nj( 3 os`-�eZ . w. G. o�vcFt�Nf}N rr Z.,: hNf"7of-f/ L,"4 Q 32-6 ' �ez- Lee ff c1'iar ,r 31 / _R�.. -3 -JQ A - Nt o h'SP1 S i. Z` 4r'l{` � � 7 �`fF"I�/fiT/►� ./I/milli�/ �r r� , .{ 1 CA-R Do z.a . 30! -�z.. LL/• C`Lx/'oRT1�ty li'�-lo � �• �• •, 7 . i r 0.3 CL lvoR 7-H)/ � 1 . t I- 13 Z?-�ez. : P. 8�y� �• 6 4=tZ.. $RENtrD1T nr�s{s 1307 _ - c, 1YI55-EW 13 o S'-RZ. 4 . fy 155 C f 1 l3o9- .ez L, C L4G7S , , ? 1 Ilei �.r M } :c f THE 1968 AGRICULTURAL PRESERVE PROD W� T' 'A A•C Man SLEW O Agricultural law Preserve Rezoning Number Owner's Name Assessor's Parcel No. AO. 1 Clae s, L. F. 362-010-003, 004 & 005 V-109 2 Becker, Helen at. al. 358-060-001, 358-070-001, 1310 358-070-002 3 Becker, Helen at. al. 354-290-011, 354-300-001, 1310 354-300-003, 354-310-004, 354-310-016, 368-050-002, 368-050-005, 368-100-002, 368-100-003 3 Brenkle, Phillip 354-300-002, 354-310-002, 1298 354-310-012, 354-310-013, 354-310-014, 362-070-004, 362-070-005 4 Huguet, Ottilie B. 362-040-002, 362-040-003, 1311 362-040-004, 362-050-005 5 Viano, Clement 161-190-001, 161-150-001, 1334 161-160-008 S ;Wx9an, Justin 161-250-005 1331 6 Ginochio, J. et. al. 100-260-001, 100-260-002, 1296 100-260-003, 100-270-001, 100-280-002, 100-280-007, 100-280-008, 100-330-002, 100-330-003, 100-330-005, 100-330-007 7 Boeger, Geo. J. 99-110-008 1320 8 Elworthy, Herbert 87-180-002, 94-080-001, 1300 94-080-007, 94-080-008, 94-080-015, 94-080-016 8 Wells Fargo -070-001, 94-100-001, 1304 (C. B. Keller, Dec.) 94-110-001, 94-120-001, 94-130-006, 97-230-001, 97-230-002 9 Elvorthy, Herbert 89-020-03, 89-020-05 1300 10 Buchanan W. C. 89-050-19 1305 11. Arata, Ernest J. 75-052-001, 75-052-003, 1328 -T 75-051-004 12 Elworth , Herbert 94-130-017, 118-050-009 1302 13 Elworthy, Herbert 118-050-001, 118-050-002, 1302 75-080-004, 75-080-006, 75-080-008 _ 14 Hi ins, Lee & B. of A3 75-132-001 1326 15 Ginochio, J. at. al. 54-060-004, 54-070-003, 1318 54-120-008 16 Ginochio, J. at. al. 138-220-001, 138-280-002, 1315 138-280-003, 138-290-001, 138-300-001, 138-330-021, 122-040-002, 122-040-003 _I Agricultural Preserve Aefoning Number Owner's Mme Assessor's Parcel no. Bb. 16 Marlep, Angel 194-010-002, 194-030-001, 1293 194-030-M, 194-040-007 17 Ginochio, J. et. al. 80-030-002, 80-030-003, 1316 80-070-WI 17 Burke Gerald 80-060-004 1333 17 Kann Morsan J. Jr. 80-060-005 1332 18 Ginochio, J. at. al. 78-140-002, 76-100-OOS, 131-1- 79-200-006, 78-130-003, 78-130-008 19 Ginochio J. at. al. 007-020-001 78-OSO-006 1317 20 Ginochio, J. at. al. 80-050-001, 80-OSO-002, 1317 60-050-003 20 Ines 80-060-005 6-010-001 12% 20 Morris Albert G. 6-020-004 1314 21 ELvartq, Minna. 208-230-012 200-230-019 1301 22 Bettemoomrt G. R. 203-060-008 203-060-009 1219 23 CarBosa G. A. 006-040-001 1319 23 Bosley, Rath L. 006-040-002 23 8lvvrthy, AWNWt 006-090-001, 204-030-004, 1303 204-060-001 23 Ralph es 006-100-001 006-160-001 1290 23 TAonardini J. J. 006-150-001 1312 24 Bosley, Ruth L. 005-040-005, 005-040-006, 1297 005-050-001, 005-060-001, 006-130-001, 006-140-003, 006-140-OOS f 006-170-007 25 Nissen, Jamas 005-060-003, 005-050-003, 1306 005-070-001, 005-080-001, 005-080-002 25 Nissen, C. G. 005-070-002, 005-070-003, 1307 OOS-170-003 005-080-003 26 Banka Peter Jr. 006-200-001, 006-200-002 1327 27 Bettenoourt H. L. 006-170-002 006-200-003 1295 Prspamd by: Cmtra Costa Cowtty Plm ming Dgxwb wnt - Pabnamy ZDe9 ..4 X SCHEDULE OF NEaA21U6S z a .u)a1 v AGRICULTURAL PRESERVE HEARING - BOARD OF SUPERVISORSce N w N Thursday, January 16, 1969 Q1 y 10:00 a.m. to Noon c � ; Q a Rezoni� Owner Represented By City and LAFC Notified AP - 1 1309 Claeys Self % : __ �_.. - Hercules 1Es A P - 2-3 1.310 Becker et al Turner Martinez and Hercules 'r A P - 3 1298 Brenkle Turner --01 A .P _ + 1311 Hugett Turner Hercules and Pinole -.11 A P - 15 1318 Ginochio et al Turner A _ 6 1296 Ginochio et al Turner Concord it A P _ 16 1315 Ginochio et al Turner Concord and Walnut Creak A ID-11-11-Z#1317 Ginochio et al Turner AP _ 1'1 1316 Ginochio et al Turner AP _ 84 1304 Wells Fargo Turner Concord and Pittsburg 041 ._ A_p. Q291300 H. Elworthy Turner Concord and Pittsburg A P—12•Z 131302 H. Elworthy Turner Concord r[ 1301 W. Elworthy Turner 13 hearings - estimated.tim 2 hra. R 1:30 p.m. to 3:00 p.m. A P 10 1305 Buchanan Pittsburg YES,_ A p - 16 1293 Kerley Field J 'Walnut Crook rr A P _- Z 3 1319 Cardoza Amaral .q p 2 3 1290 Ralph Self U A P _ 27 1295 Bettencourt, H. Amaral u A P 26 1327 Banke Amaral 0 _- A Q _ 75 1308 J. Nissen Engel 11 A -. 2S .1307 C. Nissen Engel r� 1328 Areata Rockwell' Antioch rl } 9 hearings - estimated time 1t hre. � 3:00 pAs. on r ���� A P - 22 1299 G. Bettencourt Turner ` b3 `(ES A P _ 2p W. T. PAASCH 1294 Sycamore Springs Turner u A p 2a CLERK BOARD OF SUPERVISORS 1314 Morris Turner C TRA C TA O. rr f1 P -- Z3 1303 R. Elworthy Turner D•an>r rr_ 2 3 1312 Leonardini Turner s A 40 __. A 09- 23-Z41297 Bosley Turder It _ A P -7 1320 Boeger Self u� A 14 1326 Higgins Turner Antioch II .4 / S 1331 a 1334 Viano i Morgan Turner Martinez s A P 1'T 1332 Mann Turner 1r�_ a O /7 1333 Burke Turner 1259 Trail Ride Ass. Geo. Cardinstt- 9*0ur-5 i f . 12 hearings - estimated tim 2 hre. TOTAL AURIAW - 3! BOARD OF SUPERVISORS' CALENDAR THURSDAY - 16 JANUARY 1969 PAGE #1 PUBLIC HEARINGS: AGRICULTURAL PRESERVE DISTRICT (A-4) REZONINGS: 10:00 A.M. to 12:00 Noon: L. F. CLAEYS (Applicant-Owner) - 1309-RZ - 649± Acres from A-2 & H-I to A-4. (S.D.II). Recommended for APPROVAL by Screening Committee, Planning Staff & Planning Commission. HELEN BECKER, ET AL (Applicant & Owner), /1310-RZ - 2,382± Acres from A-2 to A-4. (S.D. II & III) . Recommended for APPRO"I. by Screening Committee, Planning Staff & Planning Commission. PHILLIP BRENKLE (Applicant & Owner) - 1298-RZ - 267± Acres from A-2 to A-4. (S.D. II & III) . Recommended for APPROVAL by Screening Committee, Planning Staff & Planning Commission. OTTILIE B. HUGUET (Applic. & Owner) - 1311-RZ - 713± Acres from A-2 to A-4. (S.D. II). Recommended for APPROVAL by Screening Coemmittee, Planning Staff & Planning Commission. J. GINOCHIO, ET AL (Applic. & Owner) - 1318-RZ - 1,298± Acres from A-2 to A-4. (S.D. V) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. J. GINOCHIO, ET AL (Applic. & Owner) - 1296-RZ - 763± Acres from A-2 to A-4. (S.D.V) . Recommended for APPROVAL by Screening Committee , Planning Staff & Commission. J. GINOCHIO,ET AL (Applic. & Owner) - 1315-RZ - 1,671.67 Acres from A-2 to A-4. (S.D. IV) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. J. GINOCHIO, ET AL (Applic. & Owner) - 1317-RZ - 1,353± acres from A-2 to A-4. (S.D. IV & V). Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. J. GINOCHIO, ET AL (Applic. & Owner) - 1316-RZ - 843± Acres from A-2 to A-4. (S.D.IV) . Recommended for Approval by Screening Committee, Planning Staff & Cow ission. WELLS FARGO BANK (Applicant & U/W For: C:H. KELLER, Deceased) - 1304-RZ, 1,276± Acres from A-2 to A-4. (S.D. V) . Recommended-'for APPROVAL by Screening Committee, Planning Staff and Planning Commission. HERBERT ELWORTHY (Applic. & Owner) - 1300-RZ -`x,234± Acres from A-2 to A-4. (S.D. V). Recommended for APPROVAL by Screening Committee,,Planning Staff & Planning Commission. HERBERT ELWORTHY (Applic. & Owner) - 130 -RZ - 874.15 Acres from A-2 to A-4. (S.D. V) . Recommended for APPROVAL by Screening Committee, Planning Staff & Planning Commission. WINONA ELMORTHY (Applic. & Owner) - 1301-RZ - 4k8.84 Acres from A-2 to A-4. (S.D. III). Recommended for APPROVAL by Screening Committee,-Panning Staff & Commission. 1:30 P.M. to 3:00 P.M. W. BUCHANAN (Applic. & Owner) - 13 5-RZ - 112.99 Acres from A-2 to A-4. (S.D. V) . Recommended for DENIAL by Screenlrmq ammittee. Referred to Planning Commission by Board of Supervisors for consider '.. Planning Staff recommended DENIAL. Planning Commission recommends APPROVAL, _subject te., conditions Screening Committee would have imposed. ANGEL KERLEY (Applic. & Owner) - 1293-02 - 1,748.19 Acres from A2 to A-4. (S.D. IV) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. G.A. CARDOZA (Applic. & Owner) - ;i3-19-RZ - 560± Acres from A-2 to A-4. (S.D. IV) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. RALPH PROPERTIES (Applic. & Qer) - 1290-RZ - 960,1 Acres from A-2 to A-4. (S.D. III). Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. H.L. BETTENCOURT (Applic. & Owner) - 1295-RZ - 338 Acres from A-2 to A-4. (S.D. III). Recammended for APPROVAL by Screening Committee, Planning Staff & Planning Commission. PETER BAKKE, JR., ET UX (Applicants ,-&, Owners) - 1327-RZ - 434± Acres from A-2 to A-4. (S.D. III) . Recommended for APPROVA . y Screening Committee, Planning Staff & Plann- ing Commission. BOARD OF SUPERVISORS' CALENDAR THURSDAY - 16 JANUARY 1969 PAGE #2 (1:30 P.M. to 3:00 P.M. , Continued) JAMES NISSEN (Applic. & Owner) - 1308,,-RZ`,,1,623± Acres from A-2 to A-4. (S.D. V) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. C.G. NISSEN (Applic. & Owner) - 13017RZ - 1,879± Acres from A-2 to A-4. (S.D. V). Recommended for APPROVAL by Screening committee, Planning Staff & Commission. ERNEST J. ARATA (Applic. & Owner) - 13282 - 470 Acres from A-2 to A-4. (S.D. V). Recommended for APPROVAL by Screening Co;g - Planning Staff & Commission. 3:00 P.M. , & on: G.R. BETTENCOURT (Applic. & Owner) - 1299-RZ�� 326± Acres from A-2 to A-4. (S.D. III) . Recommended for APPROVAL by Screening Committee, Planning Staff & Commission. SYCAMORE SPRINGS, INC. (Applic. & Owner),. /294-RZ - 640± Acres from A-2 to A-4. (S.D. III) . Recommended for APPROVAL by/S-czeening Committee, Planning Staff and Planning Commission. ALBERT G. MORRIS (Applic. & Owne 1314-RZ - 307.53 Acres from A-2 to A-4. (S.D. IV) . Recommended for APPROVAL by Screening Committee, Planning Staff & Planning Commission. ROBERT ELWORTHY (Applic. & Owner) - 1303,•RZ - 1,189± Acres from A-2 to A-4. (S.D. III & IV) . Recommended for APPROVAL by Screening4Committee, Planning Staff & Commission. J. J. LEONARDINI (Applic. & Owner) - 112-RZ - 215± Acres from A-2 to A-4. (S.D. V). Recommended for APPROVAL by Screeninq./Committee, Planning Staff & Commission. RUTH L. BOSLEY (Applic. & Owng�) - 1297-RZ - 1,969± Acres from A-2 to A-4. (S.D.III, IV & V) . Recommended for AP#BO by Screening Committee, Planning Staff and the Planning Commission. GEORGE J. BOWER (Applic. & Owner) - 1329�,-RZ - 140± Acres from A-2 to A-4. (S.D V) . Recommended for APPROVAL by Screening C?i=t* ee, Planning Staff and Commission. LEE HIGGINS & BANK OF AMERICA, TRUS E pplic. & Owner) - 1326-RZ - 298+- Acres from A-2 to A-4. (S.D. V) . Recommended f r APPROVAL by Screening Committee, Planning Staff and the Planning Commission. CLEMENT VIAND (Applic. & Owner) - 1334-RZ - 90± Acres (See: 1331-RZ below) - To rezone from A-2 to A-4. (S.D II Recommended for APPROVAL by Screening Committee, Plann- ing Staff and Planning Co ssion in conjunction with 1331-RZ. JUSTIN MORGAN (Applic. & Owne ) - 1331-RZ - 11± Acres (See: 1334-RZ Above) - A-2 to A-4. (S.D. III) . Recommended for APPROVAL by Screening Committee, Planning Staff and Commission in conjunctinn.with 1334-RZ. NORMAN J. MANN, JR. (Applic. & Owner) - 1332-RZ - 160± Acres from A-2 to A-4. (S.D. IV) . Recommended for APPROVAL iy- Screening Committee, Planning Staff & Commission. GERALD BURKE (Applic. & Owner) - 1333-RZ - 160± Acres from A-2 to A-4. (S.D. IV) . Recommended for APPROVAL by ScreeningCommittee, Planning Staff and Commission. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE .OF- CALIFORNIA In the Matter of Promulgating Rules ) and Procedures for the Establishment ) . RESOLUTION NO...68 6J.1 of Agricultural Preserves .and Execution ) • of Land Conservation Agreements ) RESOLUTION PROMULGATING RULES AND PROCEDURES FOR = THE 'ESTABLISHMENT OF AGRICULTURAL PRESERVES AND THE EXECUTION OF LAND CONSERVATION AGREEMENTS The Board of Supervisors of Contra Costa County RESOLVES THAT: On September 17, 1968 this Board adopted Ordinance No. 68-53 (adding Ordinance Code Sections 8610.1 through 8610.4) authorizing the creation of Agricultural Preserves and the execution- of Land Conservation Agreements pursuant to the California Land Conservation Act of 1965. (Government Code Section 51200 et seq.) '- -Said ordinance also established uniform standards governing the establishment of agricultural preserves and prescribing terms to be Included in agreements. ' On September 17, 1968 this Board adopted Ordinance No. 68-54; (adding Ordinance Code Section 8169) establishing a zoning classification defined as "Agricultural Preserve District", which classification is to apply to all lands included in agricultural preserves as established by resolution of this Board. Said ordinances were enacted for the purpose of creating enforceable restrictions, within the meaning of Revenue and Taxation . Code Section 422, on agricultural land within the county in order to discourage premature and unnecessary conversion of such lands from agricultural use, to preserve the public value of such lands as open space, and to preserve and maintain a base for agricultural production within the county. This Board is authorized, under, County Ordinance Code Section 8610. 4, to establispn and promulgate, by resolution, rules and procedures for submitting application for land conservation agreements and for review of said applications by appropriate County agencies= This Board is further authorized, pursuant to County Ordinance Code Section 8610.2, to promulgate- a standard form of agree— ment for execution, by landowners and the County. IT IS THEREFORE ORDERED that the following rules and pro= cedures shall apply to the creation of agricultural preserves and . the negotiation of land conservation agreements in this County: RESOLUTION NO. 68/635 . i __.. -- - • 1... —. •.•M.--�•. - we•r. ..•.. .ter... .`��+....4•-•-•� ....�. j I. Application for Land Conservation Agreements. A. Applications by landowners for agreements with ' the County shall include a request for the rezoning bf the land specified to the "Agri- cultural Preserve District" classification. B. Applications shall be submitted to the County Planning Department and shall be accompanied by a fee of $90. C. Applications shall be made on a form which is attached hereto, designated as Exhibit A. which is hereby incorporated herein by reference. II. Screening and Review. . A. An Agricultural Preserve Screening Committee is hereby established for the purpose of (1) review- Ing applications to determine eligibility of land for inclusion in an Agricultural Preserve, (2) reviewing with the owner existing and proposed uses of owner's land in relation to uses allowed _ . in Agricultural Preserve Districts, and (3) making recommendations to the Planning Commission x and the Board of Supervisors relating to the t creation of agricultural preserves and the execu- tion of agreements. B. The membership of Agricultural Preserve Screening Committee shall include representatives of the { offices of County Administrator, Assessor, and the . j Deoartment of Planning, as voting members, and representatives or the Tice of District Attorney and County Agricultural Extension as advisory Or ex officio members . C. Following a review of applications, the Screening Committee may recommend to the County Planning Commission that the land which is the subject of one or more applications be included in an agri- cultural- preserve, and that said land should be rezoned to the "Agricultural Preserve District" classification. Such recommendation may include recommendations as to additional allowable agricul- tural and existing non-conforming uses to be specified in the Agreement as provided by Ordinance Code Section 8169(a) (2) . (County Ordinance No. ) If the Committee finds the land which is the sub?e� of the application ineligible for inclusion in an • agricultural preserve or determines that such inclusion would be inappropriate, it shall forward its recommendation for denial directly to this RESOLUTION NO.681635 r I -2- I t Board:, whereupon the Board may refer the application to the Screening Committee. or the Planning Commission for further study or may deny the application. • D. Upon referral by the Screening Committee or the Board of Supervisors, the County Planning Commission shall review and make recommendations to the Board concerning the requests..for rezoning of all parcels to be included -in a proposed preserve, individually and as a unit. The Commission may make specific recommendations con- cerning proposed additional agricultural uses and existing non-conforming uses to be specified in ; the agreement as provided by Ordinance Code Section 8169(a) (2) . III. Establishment of Agricultural Preserves. Upon receiving the recommendations of the Agricultural Preserve Screening Committee and the Planning Commission, and after a public hearing as provided by GoverrmentCode Section 51201(d) , this Board may, by resolution, designate and establish lands within the County as Agricultural Preserves. IV. Execution of Agreements. Upon establishment of a preserve, the Chairman of the Board shall be authorized, by resolution, on behalf of the County, to execute land conservation agreements with -he owners of land included within the preserve. Said agreements shall be executed on the standard form of agreement which is attached hereto, designated Exhibit B, which is hereby incorporated herein by reference. The agreement shall be executed by the record -owner(s) of fee title to .the land and shall also contain the signatures of all owners of recorded - interests in the land which may ripen into possession. V. Rezoning of Land in Preserves. All lands included in agricultural preserves and placed • under agreements shall be rezoned to the Agricultural Preserve District classification. If land which is the subject of an application.•is not included in an agricultural preserve and placed under agreement, the request of the owner of said land for rezoning shall. -be deemed withdrawn. 4 RESOLUTION N0. 68/6 a • 7 � - { r r a • PASSED AND ADOPTED on September 172 19680 by the following vote: AYES: Supervisors - Thomas John Coll. Edmund A. Llnsohold. Alfred M. Dias. NOES: Supervisors - James P. Kenny. ` ABSENT: Supervisors - Jomes Be Moriarty. a • C 4 ItTIFIEI) COPY I I certify that this is a full. true & correct copy of the original docamen: khicb is on file in my office, and that it Was rassed & adonted by the Hoard of Supervisors of Contra C'.ost:a County. California, on :he date shown. ATTEST: 1v. T. PAASCH, county clerk&ex-officio clerk of said Poard•of Supervisors„ by deputy clerk. + on 9P 17 1968 t . S . r RESOLUTION NO. . 68i 1635 PWB:bw :.IL. 474 _ / !, —'--'-< . '`' //O -�- r� 7 JNk �57 41 _ 1 AL fi o -- y— 706 �c — f _ - 3 '00 70-13 • /� 7 -14 0 5k 1' —70-S ! J _ 6y 7 ,117p r 770 -Z)/? '„ <"t4/..17 ! f� qtr 7�r 201 !' firl 1r�1 i17NOW 41 70-4 0,000,000, 1 ■ - i -4. 7 /10 f r74, ell I TURNER 8, HUGUET ATTORNEYS AT LAW 924 MAIN STREET Nx GORDON a.TURNER MARTINEZ,CALIFORNIA 94653 MAURICE E.HUGUET,JR. 2283433 . February 6, 1970 Contra Costa County Planning Dept. County Administration Building North Wing Martinez, Ca. 94553 Attn: Patricia Mackey Re: Reinstein Agricultural Preserve ezoning (Your File Nos. 1432-RZ and 1433-RZ) Gentlemen: Enclosed please find original and two conformed copies of Land Conservation Contracts for each of the above captioned Agricultural Preserve Rezoning matters. The original and one copy of each contract has been executed by the proper parties and the signatures of said parties on the original of each contract acknowledged by a notary public. Please see that the originals of each contract are executed by the proper County Officials, are recorded, and that conformed, endorsed-recorded copies are returned to the owners in care of my office. I am sending the enclosures to your office rather than to the Clerk of the Board pursuant to instructions received during telephone call on January 15, from Pat Mackey of your Department. Thank you. Yours very truly, Maurice E. Huguet, Jr. - MEH:dmh Enclosures cc: Mrs. Geraldine Russell Clerk of the Board of Supervisors County Administration Bldg. Martinez, Ca. 94553 Mr. Keith S. Fraser Attorney at Law _ 2109 Fourth Street Livermore, Ca. 94550 TURNER 8$ HUGUET ATTORNEYS AT LAW 92.4 MAIN STREET - GORDON D.TURNER MARTINEZ,CALIFORNIA 94553 MAURICE E.MUOUET.JR. 228.3-433 January 28, 1970 .1.I N ^ `31970 W, T. PAASCH C"OK RdARD OF SUPERVISORS MA , purr tra Cosi, County Planning Department Coun Administration Building North ITT Martinez, ''California 94553 Attn: Patricia Mackey Re: Canada Agricultural Preserve Rezoning #1403-RZ !/ Gentlemen: Enclosed please find original and two conformed copies of Land- Conservation Contract pertaining to the above captioned matter. The original and one copy of the Contract have been executed by the oimers, Frank and Julia Canada, and their signa- tures thereon properly notarized. Please see that the original of the Contract is properly executed by County Officials, is recorded and that a conformed, endorsed-recorded copy is returned to the osmers in care of my office. We are sending the enclosures to your office rather than to the Clerk of the Board pursuant to instructions received during telephone call of January 15, IS,70 from Pat Mackey of your department. Yours very truly, Maurice E. Huguet, Jr. MEH:dmh -.Enclosures cc:`, P4s. Geraldine Russell Clerk of the Board of Supervisors County Administration Building Martinez, California 9+553 Mr. and Mrs. Frank Canada Rt. 1, Box 1105 Antioch, Ca. 9+509 pa fes., Jf1 i TURNER & HUGUET ATTORNEYS AT LAW 924 MAIN STREET GORDON O.TURNER MARTINEZ,CALIFORNIA 94583 MAURICE E.HUGUET,JR, 2263433 January 30, 1970 Contra Costa County Planning Department County Administration Building, North Wing P.O. Box 951 Martinez, California 94553 Gentlemen: Agricultural Preserve Contracts Enclosed are three copies each of the land conserva- tion contracts executed by the following owners in connection with their agricultural preserve applications heretofore filed with you: Owner Application Number Vernon and Ellen Almond 1398-RZ Rose Costa 1400-RZ Vivian Edmon ton 1427-RZ / Clarence Frank 1410-RZ✓ Karl and Louise Maier 1399-RZ Oliver Olofson, A. S. Olofson, ' Martin B. and Dorothy T.Wright 1402-RZ Robert Gordon Olfson, Margery Rae Pease and Kenneth Richard Olofson 102-RZ Edith R. Souza 1401-RZ Martin B. and Dorothy T. Wright 1402-RZ Please see that the resolution numbers are filled in in the blank spaces on page 2, and that upon approval and execution of the contract by the County one duly executed ROUGH DRAFT(2) PWB:mh 2-9-70 Re: Proposed Amendment to Land Conservation Contract Dear The State Board of Equalization, pursuant to legislation adopted at the 1969 session of the legislature, has announced its intention to adopt rules which will govern assessors in deter- mining whether land subject to land conservation agreements qualifies for a limited assessment under Revenue and Taxation Code §§421, 422, and 423. The content of the rules indicates that the county assessor will, in the future, be required to recognize as "enforceable restrictions" only those contracts and agreements which conform strictly to the provisions of the Land Conservation Act or which include restrictions in addition to those required by the Act . At the time this county's agreements and contracts were drafted, it was our view that the Act allowed some flexibility in ' modifying terms to meet special problems not contemplated by the legislation. Accordingly, the following provisions were included in this county's contracts and agreements: 1. In Section 10, dealing with cancellations, a provision which allowed for a reduction in cancellation fee on a pro-rata basis when the land was previously subject to a notice of non- renewal. 2. In Section 12, dealing with eminent domain proceedings, provision was made for nullification of the agreement or contract on land condemned in fee (as allowed by statute) , and on other land which would be rendered useless for agricultural purposes as a result of the condemnation. Since these modifications of the statutory rules could be construed as being less restrictive than the terms provided by statute, and since the assessor will apparently be required to -1- s, Y r interpret contracts and agreements strictly in this regard, it appears that lands subject to existing contracts and agreements may fail to qualify for special agricultural assessments unless 10 the above provisions are removed. Enclosed are an original and two copies of a proposed amendment to this effect. Since the taxable status of property _y for the coming year will be determined by the contractual pro- visions in force on March 1, 1970, the proposed amendment should be effective on that date if the possibility of adverse action by the assessor is to be avoided. It is suggested that you review the amendment with your attorney, and if you find the provisions is acceptable, execute all copies and return the amendment to the Dept. of Planning, County Administration Bldg. , Martinez, by February 23, 1970• The notarized signatures of all owners and f all lienholders of record should appear on all copies . If, because of the limited time available, you are unable to ti> secure the signatures of lienholders by February 23, you may return one copy executed by all owners of record by that date. When the remaining two copies are executed by both owners and lien- holders and received by the Dept. of Planning, they will be filed and recorded and the remaining copy will be returned to you for your records. F -2- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Designating Lands ) within the County as Agricultural ) Preserve No. , and Authorizing ) RESOLUTION NO.�+_ Execution of =Conservation ) Contracts with Owners of Said Lands. ) RESOLUTION DESIGNATING AND ESTABLISHING CERTAIN LANDS WITHIP THE COUNTY AS AGRICULTURAL PRESERVES AND AUTHORIZING EXECUTION OF LAND CONSERVATION CONTRACTS. The Board of Supervisors of 'Contra Costa County RESOLVES THAT: In accordance with Section 89-1.102 of the County Ordinanoe Code and Section 51230 of the California Government Code, this Board is authorized to designate and establish lands within the county as Agricultural Preserves. In accordance with Section 89-3.102 of the County Ordinance Code and Section 51240 of the California Government Code, this Board is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. 69/763, adopted Yovember 180 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts and has considered the recommen- dations of the Planning Cormnission and the Planning Department staff relating thereto. IT IS THEREFORE ORDERED that those lands described in the applications listed below are hereby established and declared to be: Agricultural Preserve No. Owner Application No. IT IS FURTHER ORDERED that the Vice Chairman of the Beard of Supervisors, on behalf of the County, execute land conservation contracts with the above owners relating to those lands described in the above-mentioned applications. PASSED and ADOPTED on by the following vote: AYES: NOES: ABSENT: cc: Planning Assessor County Counsel Recorder & File RESOLUTION NO. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,. STATE OF CALIFORNIA In the Matter of Amending ) Standard Form of Agri- ) cultural Preserve Contract. ) RESOLUTION NUMBER 70/71 WHEREAS the Board having been advised that the standard form of the Agricultural Preserve Contract which it adopted by Resolution Number 69/763 on November 18, 1969 contains provisions which may be construed as less restrictive than those required by the Land Conservation Act of 1965, as amended; and WHEREAS the Board having received recommendations of the Contra Costa County Land Conservation Committee concerning a proposed amendment to said standard form of contract which deletes said provisions ; NOW, THEREFORE, BE IT RESOLVED that the amendment, a copy of which is designated as Exhibit "A" , attached hereto and incorporated herein by reference, is approved for submission to those property owners who have executed land conservation con- tracts which become effective February 28, 1970. PASSED and ADOPTED this 10th day of February, 1970 by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll . NOES: None. ABSENT: None. CERTIFIED COPY L certify that this is a full, true & correct copy w the original document which is on file in my office. and that it was passed & adopted by the Board (A Supervisors of Contra Costa Countv. California, on the date shoLrn. ATTEST: W. T. PaASCH, county clerk&ex-officio clerk of said Board of.Supervisors. by deputy clerk. ---------- ------ ...................... nn . RESOLUTION NUMBER 70/71 or No. -RZ AMENDMENT TO LAND CONSERVATION CONTRACT BY THIS AMENDMENT, made and entered into the day of February, 1970, , hereinafter referred to as "OWNER" and the ,County of Contra Costa, hereinafter referred to as "COUNTY", do mutually agree as follows: 1. The Land Conservation Contract between OWNER and COUNTY, entered into on the day of FEBRUARY, 1970, is hereby..amended as follows: 6 a. 'The following provision of Section 10 of the Contract, entitled "Cancellation", appearing on page 4, is hereby deleted and shall be of no force and effect: "If the Contract has been subject to a previous notice of non-renewal, the amount shall be determined by multiplying the amount of deferred taxes computed above by the ratio that the number of years remaining in the term of the Contract bears to`-ten (10) years." t• b. The provisions of Section 12 of the Contract,'entitled "Eminent Domain Proceedings", are hereby amended to read: "12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improvement, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. "If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agree- ment of the parties herein, be reinstituted and the terms of this Contract shall be in full force and .effect." -2. It is the intention of the parties, by this amendment, to insure that the Contract, as amended, qualifies as an "enforceable restriction" as defined in Section 422 of the Revenue and Taxation Code by deletion of terms which could be construed as less restrictive than those required by the Land Conservation Act as amended by Chapter 1372, 1969 Statutes. COUNTY OF CONTRA COSTA . _ By ATTEST Chairman, Board of Supervisors Clerk of the Board Owner We, the undersigned trust deed or other encumbrance holders, do hereby agree to and agree to be bound by the above-imposed restrictions. Approved as to form: John B. Clausen, County Counsel • By; _ • Deputy u No. -RZ AMENDMENT TO LAND CONSERVATION CONTRACT BY THIS AMENDMENT, made and entered into the day of February, 1970, , hereinafter referred to as 'OWNER" and the County of Contra Costa, hereinafter referred to as "COUNTY", do mutually agree as follows: 1, The Land Conservation Contract between OWNER and COUNTY, entered into on the day of FEBRUARY, 1970, is hereby amended as follows: a. The following provision of Section 10 of the Contract, entitled "Cancellation", appearing on page 4, is hereby deleted and shall be of no force and effect: "If the Contract has been subject to a previous notice of non-renewa.}, the amount shall be determined by multiplying the amount of deferred taxes computed above by the ratio that the number of years remaining in the term of the Contract bears to'-ten (10) years." b. The provisions of Section 12 of the Contract,'entitled "Eminent Domain Proceedings", are hereby amended to read: 'i "12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improvement, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. "If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agree- ment of the parties herein, be reinstituted and the terms of this Contract shall be in full force and -effect." 2. It is the intention of the parties, by this amendment, to insure that the Contract, as amended, qualifies as an "enforceable restriction" as defined in Section 422 of the Revenue and Taxation Code by deletion of terms which could be construed as less restrictive than those required by the Land Conservation Act as amended by Chapter 1372, 1969 Statutes. COUNTY OF CONTRA COSTA _t ?j By ATTEST Chairman, Board of Supervisors s Clerk of the Board Owner We, the undersigned trust deed or other encumbrance holders, do hereby agree to and agree to be bound by the above-imposed restrictions. Approved as to form: John B. Clausen, County Counsel By: Deputy s RECORDED AT REQUEST OF FEB - q 1°69 cc 821 '69 FEB-4 ('�; • OF l(,'I {. RECOiDS Co s-i�.'.C0'STA CO..CAL IN THE BOARD OF SUPERVISORS Ft:E O`i t "I OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Designating Lands ) within the County as Agricultural ) Preserve No. _ and Authorizing ) RESOLUTION N0, Execution of Land Conservation ) , eemeR�with Owners of Said Lands* ) RESOLUTION DESIGNATING AND ESTABLISHING CERTAIN LANDS WITHIN THE COUNTY AS , AGRICULTURAL PRESERVES AND AUTHORIZING . EXECUTION OF LAND CONSERVATION AGREEMMW co...T/-atTS The Board of Supervisors of Contra Costa County RESOLVES THAT: 8D7I, io z In ac rdance with Section 8b1-e.- of the County Ordinance Code and Section ) of the California Government Code, this Board is authorized to designate and establish lands within the county as Agricultural Preserves. In accor ce with Section 86te.2 of the County Ordinance F Code and Section of the California Government Code, this Board is authorized to execute Land Conservation Agreeisen ith the owners of lands included within Agricultural Preserves, the terms of which were established by Resolution No. , adopted - -0 card has re sewed applications for agricultural preserves and land conservation and has considered the recommen- ds t i ons of the Planning Co�cnmis ion/rele iEthereto. _ /► IT IS THEREFORE ORDERED that those lands described in the applications listed below are hereby established and declared to Des Agri cultura 1 Preserve No. Owner Application No. Angel R� le J. nochio, et ;:5- IT IS FURTHER ORDERED that the Chairman of the Board of Supervisors, on behalf of the County, execute land conservation - egreeneerbs with the above owners relating to those lands described in the above-mentiohed applications. PASSED and ADOPTED on by tho fellowing,"WOte: AYES: S�xpe�visors J. P. Benny, Be A.Linachsid, J. E. NOES: None. ABSENT: Suver ora A. K. Dias, T. J. Coll. CEATlPliD COPi cc: Planning , -.er) that l�;.i.•I. 1 In, lrw K eon rcf coy,.I 1" - !1 ( .n .wr .riieq w1 Assessor hiel r that it en.pasnd Fl a.Ioftr C�a'j.+r+tea. A;;"�OLUTION l owltaLST- TlA77lST: Y'• T.j .s;'j NO. 1293-RZ-63 Anpol K©rloy Contra Costa County Land Conservation Agreement No. EXUBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Agreement to which this exhibit is attached, the land described below is desig- nated as the subject of said agreement. Said land is described as follows That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of four pages, attached hereto and incorporated by_ reference herein. a i } 3 i3 p x'805 PAGE045 DESCRIPTION% REAL PROPERTY IN THE COUNTY OF CONTRA COSTAE UNINCORPORATED9 STATE OF CALIFORNIA* DESCRIBED AS FOLLOWS, PARCEL, 1 s 3.. PORTION OF SECTIONS 10 AND 11 * TOWNSHIP 1 SOUTH# RANGE 1 WEST# MOUNT DIABLO BASE AND MERIDIAN # AND A PORTION OF THE RANCHO SAN MIGUEL # DESCRIBED AS FOLLOWS$ COMMENCING AT A MONUMENT AT THE CORNER COMMON TO SECTIONS 10# 119 14 AND 15 IN SAJD TOWNSHIP i SOUTHP RANGE 1 WEST# MOUNT DIABLO BASE AND MERIDIAN : SAID MONUMENT BEING AT A CORNER OF MOUNT DIABLO STATE PARK ; THENCE FROM SAID POINT OF COMMENCEMENT NORTH 00 13 ' 20" EAST ALONG A WEST LINE OF SAID MOUNT DIABLO STATE PARK# 1320 FEET TO A NORTH LINE THEREOFs THENCE NORTH 690 05 ' 23" EAST ALONG SAID NORTH LINE% 2445 FEET TO A STAKE IN THE CENTER OF ARROYO DEL PINAL AND THE ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING NORTH 890 05 ' 23" EAST CONTINUING ALONG THE NORTH LINE OF SAID MOUNT DIABLO STATE PARK # 198705 FEET TO A MONUMENT t` AT A CORNER OF SAID STATE PARK; THENCE NORTH 00 02' 55" EAST ALONG A WEST LINE OF SAID STATE PARK# 7938.34 FEET TO THE INTERSECTION THEREOF WITH A FENCE LINE JOINING POSTS S• Mc 17 AND Ss M• 18 OF SAID RANCHO SAN MIGUELI THENCE NORTH 890 48 ' 20" WEST ALONG SAID FENCE LINE BEING ALONG THE SOUTHERLY LINE OF THE PROPERTY NOW OR FORMERLY OF JOHN M: WALKERS ET AL9 1352 FEET TO A CORNER IN SAID FENCE SHOWN AS Se Me 181 THENCE NORTH 00 09 ' EAST ALONG A FENCE MARKING THE WESTERLY LINE OF THE LANDS NOW OR FORMERLY OF JOHN Me WALKERS ET AL # AND COWELL PORTLAND CEMENT COMPANY% 3034 FEET TO AN ANGLE POINT IN SAID FENCES THENCE NORTH 60 421 EAST CONTINUING ALONG SAID FEKCE9 633 FEET TO A CORNER IN SAID FENCE SHOWN AS Se Me 191 THENCE NORTH 890 41 ' WEST ALONG A FENCE FOLLOWING THE SOUTHERLY LINE OF SAID COWELL PORTLAND CEMENT COMPANY 'S LAND 2834.5 FEET TO A ROCK :> MOUND AT THE SOUTHEAST CORNER OF THE 281002 ACRE TRACT OF LAND AWARDED TO PLAINTIFFS IN THE DECREE QUIETING TITLE DATED JANUARY 17 % 19305 UNDER ACTION N09 15736 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA* ENTITLED JOHN GINOCHIO* ET AL * PLAINTIFFS VSo ADELINE OLOFSON# ` ET ALP DEFENDANTS9 — A CERTIFIED COPY OF SAID DECREE WAS RECORDED IN BOOK 212 OF OFFICIAL RECORDS9 PAGE 183 ; THENCE NORTH 890 41 ' WEST CONTINUING ALONG SAID FENCE BEING ALONG THE SOUTH LINE OF SAID 281.02 ACRE PARCEL% 2983 FEET TO AN ANGLE POINT s IN SAID FENCE; THENCE SOUTH 760 15 ' WEST LEAVING SAID SOUTH LINE AND FOLLOWING A FENCE LINE MARKING THE BOUNDARY BETWEEN THE LANDS NOW OR FORMERLY OF S. We LEVY AND JAMES WALKS-Rr 8319*96 z' FEET TO A FORKED WILLOW TREE# 7 INCHES IN DIAMETER BLAZED ON Schedule 1 (page 1) 'a OJ 04 4 SIDES AND MARKED W, L, # SAID TREE ISSITUATED ON THE EASTERLY BANK OF THE ARROYO DEL PINALi THENCE SOUTH 760 15 ' WEST CONTINUING ALONG SAID LINES OR ITS DIRECT PRODUCTION WESTERLY TO THE CENTER OF SAID ARROYO DEL PINALi THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID ARROYO DEL PINAL TO THE POINT OF BEGINNING. EXCEPTING THEREFROM$ 1- ALL OF MOUNT DIABLO SCENIC BOULEVARD LYING WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PREMISES. SAID BOULEVARD NOW BEING A STRIP OF LAND 60 FEET IN WIDTH LYING 30 FEET ON EACH SIDE OF A CENTER LINE AS SAID CENTER LINE IS DESCRIBED IN THE DEED FROM MOUNT DIABLO DEVELOPMENT COMPANY TO MOUNT DIABLO SCENIC BOULEVARD COMPANY # DATED DECEMBER 169 1916 AND RECORDED MARCH 319 1920 IN BOOK 363 OF DEEDSS PAGE 809 I 2- THAT PORTION THEREOF DESCRIBED AS EXCEPTION N09 2 IN THE DEED FROM JOHN A. RAGGHIANTIS ET ALS TO PARAISO RANCH CO• S RECORDED AUGUST. 29 1951 IN BOOK 1801 OF OFFICIAL RECORDS# PAGE 1289 AS FOLLOWS, "COMMENCING AT THE INTERSECTION OF THE EASTERN LINE OF THE PARCEL. OF LAND DESCRIBED IN THE DEED FROM LAWRENCE CURTOLA # ET UX9 TO JOHN As RAGGHIANT19 ET UX# RECORDED NOVEMBER 169 1950 IN BOOK 1669 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY# PAGE 5979 WITH THE CENTER LINE OF THAT CERTAIN 60 FOOT IN WIDTH STRIP OF LAND DESCRIBED IN THE DEED FROM MOUNT DIABLO DEVELOPMENT COMPANY# A CORPORATION: TO MOUNT DIABLO SCENIC BOULEVARD COMPANY# A CORPORATIONS RECORDED MARCH 319 1920 IN BOOK 363 OF DEEDS# PAGE 809 RECORDS OF SAID COUNTY1 THENCE SOUTH 00 02 ' 55" WEST ALONG THE EASTERN LINE OF SAID RAGGHIANTI PARCELS 1669 OR 5979 638197 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING SOUTH 00 02 ' 5511 WEST ALONG SAID EASTERN LINE 2475,53 FEETi THENCE ,NORTH 750 54' 22" WEST9 443,540 FEETi THENCE NORTH 780 35- ' 33" WEST 337&952 FEETi THENCE SOUTH 880 11 ' 08" WEST# 67905:4 FEETi THENCE SOUTH 820 25 ' 1411 WEST# 215,685 FEETi THENCE SOUTH 880 22 ' 29" WEST9 124.045 FEETi THENCE NORTH 560 57 ' 5411 WESTS 202.602 FEETi THENCE SOUTH 780 42 ' 13" WEST9 246?803 FEETi THENCE NORTH 790 47 ' 44" WEST9 336, 183 FEETi THENCE SOUTH 820 23 ' 50" WEST# 63.504 FEETi THENCE NORTH 330 05 ' 39" WEST; 73925 FEETi THENCE NORTH 380 461 06" WEST9 56$922 FEETi THENCE NORTH 1° 55 ' 39" EAST ► 48.062 FEETi THENCE NORTH 260 45 ' 57" EAST# 117,834 FEETi THENCE NORTH 250 171 29" WESTS 37,241 FEETi THENCE NORTH 670 54' 55" WEST # 57,994 FEETi THENCE NORTH 50 29' 59" WEST9 492336 FEETi THENCE NORTH 250 41 ' 46" EAST# 1019446 FEETi THENCE NORTH 350 05 ' 4811 'FEST# 137,647 FEETi THENCE NORTH 270 42 ' 45" WEST9 304.094 FEETi THENCE NORTH 180 131 EAST# 407,497 FEETi THENCE NORTH 840 08' 21" EAST9 159.744 FEETI THENCE NORTH Schedule I (page 2) �oox5805 PAGE647 f 1 590 471 1311 EAST► 361 .588 FEET TO THE CENTER LINE OF SAID 60 FOOT IN l;'IDTH STRIP ► 363 D 801 THENCE RUNNING ALONG SAID CENTER LINE THE FOLLOWING COURSES AND DISTANCES► SOUTH 690 57 ' 4011 EAST ► 56:629 FEETs SOUTH 00 091 2511 EAST► 99.05 FEET► SOUTH 310 161 201' WEST# 80e49 FEETs SOUTH 500 081 40" EAST; 60038 FEET9 NORTH 590 56' 0511 EAST9 276 FEET9 NORTH 360 111 5011 EAST# 75 .50 FEET ; NORTH 310 591 1011 WEST ► 162.40 FEET9 NORTH 190 161 4011 WEST 184c73 FEET9 NORTH 590 231 50t1 EAST9 135.94 FEET# NORTH 480 041 20" EAST9 158.90 FEET # NORTH 50 56 ' 25" WEST# 49.44 FEET9 NORTH 700 541 10" WEST► 230.05 FEET ► NORTH 350 211 5511 WEST9 318.87 FEET ► NORTH 20 001 05" EA-Tt 139.94 FEET9 NORTH 170 481 5511 WEST ► 13732 FEET9 NORTH 220 261 05" EAST 94&20 FEETo SOUTH 500171 25" EAST9 146,45 FEET; SOUTH 330 581 55" EAST9 221. 32 FEET ► SOUTH 610 291 2511 EAST 128072 FEET► NORTH 800 141 3511 EAST 172 .32 FEET ► SOUTH 620 131 4011 EAST 191x96 FEET # SOUTH 770 171 10" EAST9 250:28 FEET AND NORTH 190 341 35i1 EAST9 122.38 FEETs THENCE LEAVING SAID CENTER LINE SOUTH 540 311 1611 EAST ► 37.09 FEETs THENCE SOUTH 470 211 2011 'EAST9 53085 FEETs THENCE SOUTH 210 201 38" EAST► 66.59 FEETs THENCE SOUTH 270 271 3411 EAST► 66.87 FEET$ THENCE SOUTH 800 251 5911 EAST9 164.08 FEETs THENCE SOUTH 790 111 2311 EAST# 233054 FEETs THENCE NORTH 590 17 ' 1211 EAST9 337.16 FEETs THENCE NORTH 820 22 ' 31" EAST9 252 40 FEETs THENCE SOUTH 880 13 ' 24" EAST# 205005 FEET TO THE TRUE POINT OF BEGINNING. " ALSO EXCEPTING THEREFROM, 3, THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIAP RECORDED DECEMBER 279 1965 IN BOOK 5U22 OFFICIAL RECORDS9 PAGE 2959 INSTRUMENT N09 105416 AND THE CORRECTION DEED RECORDED AUGUST 109 1966 1N BOOK 5180 OFFICIAL RECORDS# PAGE 50# INSTRUMENT NO3 58257. 4# THAT PORTION DESCRIBED IN THE DEED OF GIFT TO THOMAS D. BRUMLEVE AND JOAN KERLEY BRUMLEVE# HUSBAND AND WIFE # AS COMMUNITY PROPERTY9 RECORDED OCTOBER 159 1968# INSTRUMENT NO. 76651. PARCEL 2s AN EASEMENT AND RIGHT OF WAY AS GRANTED TO ANGEL KERLEY# A SINGLE WOMAN BY INSTRUIMENT RECORDED DECEMBER 27► 1965 IN BOOK 5022 OFFICIAL RECORDS PAGE 3039 INSTRUMENT N0. 105420 FOR PIPE LINES FOR WATER TRANSMISSION PURPOSES OVER THE FOLLOWING DESCRIS !' PROPERTYi A PORTION OF THAT CERTAIN STRIP OF LAND# 80 FEET IN WIDTH# DESCRIBED IN DEED RECORDED MARCH 319 19209 IN BOOK. 363 OF DEEDS# Schedule 1 (page 3) i '805 AT PAGE 809 CONTRA COSTA COUNTY RECORDS# BEING THREE# FIVE FOOT STRIPS OF LANDS THE CENTERLINE OF EACH BEING THE CENTER LINE OF THREE EXISTING CULVERTS CROSSING SAID 80 FOOT STRIP AT THE FOLLOWING CULVERT STATIONS, A. STATION MI 6. 149 WILLOW SPRING PIPE LINE B• STATION MI 4. 77 Co -STATION MI 4.70 PARCEL. 3s THOSE CERTAIN RIGHTS AND EASEMENTS AS RESERVED IN THE DEED FROM ANGEL KERLEYt A SINGLE WOMAN TO THE STATE OF CALIFORNIA RECORDED DECEMBER 279 1965 IN BOOK 5022 OFFICIAL RECORDS9 PAGE 2959 INSTRUMENT N09 105416 AND CORRECTION DEED RECORDED AUGUST 10s 1966s BOOK 5180 OFFICIAL RECORDS9 PAGE 509 INSTRUMENT N0. 58257• J Schedule 1 (page 4) s 7 Contra Costa County Land Conservation Agreement No. � EXHIBIT B e0J$�J P=649 ALLOWABLE LAND USES Pursuant to the provisions of Section 8169(a) (2) of the I Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Agreement, of which this exhibit is made a part, the land uses and structures described below are authorized without land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), (d), (e) , (f) , (g) , (h) , (i) and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: NONE. 2. Land Uses and Buildings to be Constructed: LAND USE: LIVFySTOCK PRODUCTION - ORCHARD-CULTIVATSD FARM LANDS. BUILDINGS TO DE CONSTRUCTED: OWNERS RESIDENCE AND 2 SINGLE FAMILY HODS FOR RANCH EMPLOYEES ON PARCEL 194-010-007. 30 STING CONFORMING STRUCTURES: , FOREMAN'S RESIDENCE-CATTLE BAN-STARLS-EQUIPMENT AND VEHICLE GARAGE CK PARCEL 1911-aO-007. • SND OF DOCUME,r•�" ij 1 ,4. P, J /C>- 7o 7— ? CJ Ti/t_��:f1s 7`�',-U;/O`•t> r:jc:)l /� ' 7 -70 y- 70 97 ISO-o,, .9,7-1-�D-p/ /5 -70 C. L4-) -7 -co/ /- 70 GJ.�.PTG�1 oovz 4.2- 0laQ' t',,. O-,", ..�.�,.� i/-70 /$- �o .?!fid -07D-p 3 eCt, 13P6 - 70 /3- 70 ,� - /1/0/ 2-70 �"-7 O x,3-030—03 tc,'1.2 , .f3-oyO-ojs eq-�s e94 6-70 ( 9-70 ll- D70 os, 0 ,0p : 12-70 tf EVO�D�tISlTJ� .?0 3-O�c?-p2 d1 /'/-2 7 t I l rGEIVEDEC 2 6 1968. T. PAASCH CLERK BOARD OF SUPERVISORS CON RA C T CO oap°t CALIFORNIA LEGISLATURE JOINT COMMITTEE ON OPEN SPACE LANDS — - Assemblyman John T. Knox, Chairman SURVEY OF CALIFORNIA COUNTIES RELATIVE TO CALIFORNIA LAND CONSERVATION ACT OF 1965 (WILLIAMSON ACT) 1968 - 69 December, 1968 CALIFORNIA LEGISLATURE JOINT COMMITTEE ON OPEN SPACE LANDS ASSEMBLYMAN JOHN T. KNOX, CHAIRMAN SURVEY OF CALIFORNIA COUNTIES Relative to CALIFORNIA LAND CONSERVATION ACT OF 1965 (WILLIAMSON ACT) 1968 - 69 The Joint Committee on Open Space Lands, with the cooperation of the County Supervisors Association of California, sent a questionnaire to each of the 58 counties in California. Information was requested relative to experience in implementing or considering the implementation of the California Land Con- servation Act of 1965 (Williamson Act) . Early responses indicated that some counties which had not given serious consideration to utilizing the Williamson Act would probably not respond, even though the questionnaire sought to obtain information of general nature. The Committee then prepared a short follow-up question- naire including only questions of general application. This follow-up was sent to those counties which returned the first questionnaire unanswered, or nearly so. By October 8, the Com- mittee had yet to receive responses from seventeen counties. The follow-up questionnaire was then sent to all counties which had not responded to that date. By November all but five of the 58 counties had re- sponded either to the original questionnaire or to the follow- up. The only counties which did not do so were Los Angeles, Mariposa, Plumas, Sierra and Yuba. Mariposa County and Yuba County sent letters which indicated that they did not intend to reply further. 2 _ To facilitate reporting and analyzing the results, this analysis will be divided into three parts. Part One will deal with those questions applicable primarily to those counties r which had executed contracts or agreements by March 4, 1968. Part Two will deal with those questions which apply to all counties. Part Three will include those questions which apply mainly to those counties which had not executed contracts or agreements, but which had taken action of some kind relating to the program. PART I. By March 4 , 1968, 23 counties had executed 1,677 contracts and agreements covering 2,061,968 acres. (See Table I) Of this land, 131,114 acres was reported to be prime agricultural land as defined by the Act. (See Table II) These 23 counties had received 1,867 requests to establish preserves on 1,466,923 acres. They later established 1,068 pre- serves on 6,482,583 acres. In most counties requests came from individual owners and involved only the land owned by the person making the request. In one county a request was submitted by a farm organization on behalf of its members. Only two counties, Fresno and Kern, offered contracts as authorized by the Act for prime agricultural land. All other counties offered only agreements, regardless of the quality of the land. Fresno County had one 1967 contract which included provisions for offset payments by the county to the landowner in the event the assessed valuation on the property should be increased. The State is obligated to pay the County $1.00 per acre on July 1st of each year for land under this contract. K[ 3 - Fresno County signed six new contracts that became effective on the 1968 lien date, covering 1,638 acres. These new contracts were executed by the county and were properly recorded but were approved by the Director of Agriculture subject to the condition that payments would be made by the State to the County only if money were available for that purpose. Kern County signed 72 contracts on 38,110 acres. These contracts included a clause whereby the landowners waived the entire amount of any payment that might become due them from the county. The contracts were executed by the landowners and the county but were forwarded to the Director of Agriculture for approval without having been recorded. The Director at first agreed to approve these contracts subject to the removal of the waiver clause agreed to by the landowners, with the provision that the contracts should include a clause relieving the State of responsibility for making the $1 per acre payment unless money is appropriated for that purpose. Later the Director unconditionally withdrew his offer to approve the contracts. The Kern County landowners have filed a suit asking the court to require the county to make proper recordation of the contracts and to recognize them as valid for the 1968-69 assessment year. The suit also asks the court to require the Director of Agriculture to approve the contracts without any conditions. This suit is still pending. Of the agreements signed, 158 covered 27,941 acres of prime agricultural land. 845 agreements covered 1,323,636 acres of non-prime land. 595 agreements covered 670,196 acres of mixed prime and non-prime, of which the counties indicated that 63,138 acres were prime. in most cases the counties had not determined whether the land under agreements was prime - 4 - or non-prime, inasmuch as both are eligible. For this reason there is no way of measuring the number of acres in excess of 63,138 that is prime. The total land under contract or agreement equals 11.8% of the agricultural land of the 23 counties in which it is situated. The amount of prime land is 4% of the prime land of the counties in which it lies. The land under contract and agreement is primarily located more than three miles from the boundaries of a city. (Table X) Only 19,676 acres is situated within one mile of T a city; 24,967 acres lie between one and two miles, and y 39,778 acres are between two and three miles. 3.59*,317' acres are between three and ten miles, and 1,618,230 acres are over ten miles distant. Of the 44,643 acres of land situated within two miles of a city, 18,532 acres (44%) are in Santa Clara County. 10,302 acres (24%) are in Marin County. (Table X) R, While an overwhelming proportion of the land is more than ten miles from any city, a substantial amount - 399,095 Y: acres - lies between two and ten miles of a city. An inde- terminate additional amount is situated close to other popu- lated areas. Of those counties which have signed contracts or agree- ments, two report that the land included is among the best land in the county. Fourteen state that it is about average for the county; while six described it as below average. One county did not respond. The counties were asked for information on the policies followed by them in receiving and processing applications. 5 - Fourteen counties have assigned the responsibility of receiving and processing proposals to establish preserves to the Planning Department. One assigned it to the Planning Commission; two to the Assessor, two to the County Clerk; one to the Agricultural Commissioner; and one to the Planning and Inspection Department. Five counties state that they give consideration to inclusion of land within preserves without an initial request from the property owner. Seventeen state that they do not. One county did not respond. Thirteen counties consider commercial timberland eligible for inclusion in preserves and for agreements. Three do not. Seven did not respond to this question. Two counties stated that it was their policy to offer contracts on all land that qualifies as prime under the Cali- fornia Land Conservation Act, regardless of its location. Sixteen counties stated that it was not their policy to do so. Sixteen counties stated that it was their policy to offer agreements on all land, regardless of location, that meets the commercial agriculture criteria adopted by the county. Six counties stated that it was not their policy to do SO. Six counties stated that it was their policy to offer agreements on any land upon the request of the owner of the land. Sixteen stated that it was not their policy to do so. Sixteen counties have established by ordinance a minimum number of acres that must be included within a preserve. Six counties have no such minimum. The minimums range from five acres to 100 acres. Sixteen counties accordance with their general plan. Four do not. Three did not respond. 6 - Twelve counties have imposed a minimum acreage into which land under agreement or contract may be divided. Ten have not. Four have included the minimum in the provisions of the contract or agreement. Six have imposed the minimum through a zoning ordinance. Two others have done both. Twenty-two counties stated that their planning staff reviews applications for agricultural preserves. One county did not respond to this question. Thirteen counties state that their planning commissions review and make recommendations on proposals for establishing preserves. Ten counties state that they do not. One county did not respond. Nineteen counties stated that it is intended that agreements executed by their county will qualify under Section 422 of the Revenue and Taxation Code for assessment under Section 423 of that Code. Three counties did not respond. 3 Seventeen counties having contracts or agreements in effect on the lien date indicate that the subject land was assessed for the 1968-69 tax year according to the provisions of Section 423, Revenue and Taxation Code. One county in- dicated that land subject to agreement was assessed according to Section 402.1, but that after January 1st it would be assessed under Section 423 . Four counties did not respond. Table III shows the capitalization rates used for 1968-9 by county assessors in valuing land subject to contract or agreement. 7 - Of those counties which have actually signed contracts or agreements, only three have received requests for cancellation. One such request has been approved. In the case of this can- cellation, the landowner paid the full penalty of fifty percent of the new assessed valuation of the property. One county did not respond. Only two counties have received notices of non-renewal from landowners. No county has given such a notice. The counties which offer only agreements were asked for the reasons for this decision. Seven stated that among their reasons was the fact that they had little or no prime land in the county. Twelve stated that landowners preferred agreements. Nine stated that they were unwilling to obligate the county to make offset payments to the landowner. Two stated that the $1 per acre due from the State was insufficient inducement. Eleven stated that they did not want the Director of Agriculture involved. Six stated that it was because of the 100 acre minimum preserve size required for contracts. And eight gave other reasons, most of which reflected their desire to keep state government out of the program. In response to the question as to the reasons most frequently expressed by landowners for not entering contracts or agreements, the most prominent reasons given were: ( 1) No assurance of effect of contract or agreement upon assessed valuation (7) . (2) The landowner wants to be free to sell when a good offer comes along ( 8) (3) No way of knowing how land will be assessed after notice of non-renewal (4) . (4) Cancellation too difficult to obtain (4) . (5) Wants heirs to be able to sell free of restriction in the event it is necessary to sell the land in order to settle the estate (4) . 4 , , 5 8 - County officials responsible for preparing answers to questionnaires indicated that of the reasons for landowner opposition included in the questionnaire the ones that had the most validity were: ( 1) the question of the manner of assessment after notice of non-renewal; (2 ) the lack of assur- ance that agreements will be considered in inheritance tax appraisals; ( 3) the question of the freedom of the landowner to sell his land when a good offer comes along; ( 4) the question of the effect of the contract or agreement upon assessed valuation; (5 ) difficulty of cancellation; and ( 6) the problem of the ability of the landowner to pay the increased taxes that would begin to be levied after notice of non-renewal and %h ich would continue to the end of the restriction. From the standpoint of the public, the greatest weak- nesses of the Land Conservation Act appeared to be: (1) that the ten year minimum term is too short; (2) that not enough choice is given the county as to land that is to be put under agreement; ( 3) that an agreement is too easy to cancel; ( 4) that it is not serving as a tool of county planning; (5) that the Act is too complicated. PART II All counties were asked a number of questions related to the land use problem. Forty-,two of the counties stated that they had adopted a general plan, while seven stated that they had not. Of those plans adopted, 41 included areas to be reserved for agriculture; forty-two areas to be reserved for recreation; s 9 - twenty-nine, areas to be reserved for the enjoyment of scenic beauty; and twenty-six, areas to be reserved for the use of natural resources. Eight counties stated that they were in the process of preparing a general plan. One county, Imperial, stated that it neither had a plan nor was it in the process of preparing one. Seventeen counties stated that they had imposed agri- cultural or other open space zoning upon land without the approval of the owner. Thirty counties stated that they had not. Thirty-three counties reported that they utilize ex- clusive agricultural zoning and that they have a total of 9,644,990 acres subject to such zoning ordinances. Twenty-seven of these counties furnished the committee with the criteria used in imposing such zoning. Seven counties state that they have imposed exclusive agricultural zoning upon land in opposition to the wishes of the owner of the land. Thirty-eight counties state that they have not. Eleven counties stated that in their county it was very difficult to gain approval for the removal of the exclusive agricultural zoning. Eleven counties described it as difficult; five as easy, one as automatic. Only two counties stated that it had prepared any pro- jections which would indicate the impact upon school districts or the county which would result from various degrees of im- plementation of the Land Conservation Act. Thirty-two counties stated that they had not made such projections. . f 10 - L ' Thirteen counties stated that they had prepared economic studies which would indicate the long range contribution of agriculture to the community, with emphasis upon those soils which are in danger of being displaced by urban growth. Twenty- nine counties stated that they had made no such studies. Only two counties reported that they had made any studies which would indicate the cost of providing community services ;a for each additional residential unit. One of these counties stated that their studies indicated that the cost to the community for each additional single-family dwelling unit ranged from $280 to $650 per year. Each new two-family dwelling involved a community cost of $272 per year, and each multiple- family dwelling unit incurred costs of $168 per year. Forty counties have made no such studies. Thirty-two counties expressed the opinion that collateral reduction in assessed valuation would contribute to the stability and permanence of zoning as a tool in land use regulation. Twelve counties stated that they did not believe that it would. Only one of the counties having utilized the Land Conservation Act answered this question in the negative, while the other ten were among those counties which have not utilized the Act. .i Only one of the ten has even so much as held meetings on the Land Conservation Act. Thirty counties feel that a program similar to the Land Conservation Act would be useful in the control of land use within scenic highway corridors, and thirty feel that such a program would be useful in the control and preservation of urban open space. Eleven counties felt that such a program would be of no help in either instance. Twenty counties had formed an advisory committee to assist the Board of Supervisors in connection with the Land Conservation Act. Seventeen counties had not. Eighteen counties believe that the terms of agreements should be more clearly spelled out by law. Seventeen counties did not believe that they should. Three counties have accepted or offered to accept scenic easements or other rights to land as authorized by Section 6950, et seq, of the Government Code. Thirty-seven counties have not. The three counties that have done so have accepted such grants on thirty-three parcels, totalling 1,911 acres. Twenty-seveh counties state that they have firm policies or plans for preservation of agricultural or other open space land by means other than the Land Conservation Act. Twenty- five of these counties state that the other plans are zoning. One county states that it proposes to do so through implemen- tation of its general plan, and one county did not describe its proposed method. Twenty counties state that they have no other plans beyond implementation of the Land Conservation Act. The counties were asked to provide the Committee with the number of acres of agricultural land within the county as well as -the number of acres of prime agricultural land as defined by the California Land Conservation Act. Where the county did not supply the number of acres of agricultural land, the Com- mittee substituted the number of acres of land in farms in the county as indicated in the Census of Agriculture for 1964. Using these two sets of figures (See Tables IV and V) the total number of acres of agricultural land in California is 39,092,552 -: - 12 - k Of this amount, 17;859,831 is included in the twenty-two counties which have taken action under the California Land Conservation Act. The remaining 21,241,720 acres are within the thirty-six -" counties which have taken no action under the Act. The U.S. Census of Agriculture, 1964, shows a total of 37, 010,925 acres of land in farms in California. About half of this amount is situated in the twenty-one counties which have implemented the Land Conservation Act. while the other half lies in the remaining thirty-seven counties. Where the county failed to give the Committee its estimate of the number of acres of prime agricultural land lieing within their county, the Committee substituted the number of acres of Class I and II soils, as listed in the Conservation Needs In- ventory prepared by the U.S.D.A. Soil Conservation Service on January 20, 1966. Using the combination of these two sets of figures, there are 7,174,424 acres of prime agricultural land in California. 3,334, 554 acres are situated in the twenty-three counties which have implemented the California Land Conservation Act. The remaining 3,839,870 acres are situated in the other } thirty-six counties. There is an interesting consistency between the number of acres of prime agricultural land. resulting from the questionnaire, the number of acres of Class I and II soils, as reflected in the Conservation Needs Inventory, and the number of acres of land irrigated in 1964 according to the U.S. Census of Agriculture for 1964 . The comparative figures appear to indicate that either the counties inclined to under- estimate the amount of their land that is prime or that there r; has been a substantial reduction in the amount of prime land during the several years since the other reports were completed. - 13 - PART III Those counties which had taken no final action prior to March 4th reported receiving 209 requests for preserves on 218,355 acres. These requests were received either before or after the March 4th lien date. One of these counties, San Joaquin, formed two preserves totalling 793 acres. Of this group of thirty counties, fourteen reported having held hearings at which the question of implementing the Williamson Adt was discussed. Eight reported holding hearings on the establishment of agri- cultural preserves, twelve reported that they are in the process of preparing regulations, two have adopted regulations, twelve had postponed action after beginning consideration, and one had suspended consideration indefinitely. * It has come to the attention of the Committee that four counties which had not executed contracts or agreements by March 4, 1968, had by December 1, 1968, formally approved a program for action. These counties are Contra Costa, Sacramento, San Joaquin and Yolo. Thus, by the date of this report, twenty-seven counties had executed contracts or agreements or had taken all necessary steps preliminary to doing so. 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O N .}3 H FC \ \N, Ra \ \� 04 )2\-ri dP \ N 41.4 Q r4 r-{r-i 1 ra ri r-) 1 r-i p ri ra (1) N z t dP chP 1 t dP do dP dP dP t dP F I dP dP I t'd • I dP dP :3 r- r-mcor, raNLn �oaa %o %Da000re) Lnr > rc 0000r, O* a a a H w 4 ' z ro rZ IL) w a z H U iJ O I~ �tJ •r{ b O >+ z 4JH Q KT', wo o Waa o `2 ZD u O N � H z a H CO U U z o W % 0 Ur aaWwW d � � o � z wwaoz zoww E-4a mnazzaazz zz zz4zzm000 1.5 -:-) Q+ w wo0H < 4 4d 44OOWD -ID 4MUWw9X � aM ww wwwwHHE-4 a - 17 - TABLE IV AGRICULTURAL LAND INVENTORY Counties Which Have Implemented Williamson Act ZLand in 2Class I & II 31rrigated 4Agricul- SPrime Agri. Farms Soils Land,1964 tural Land Land ALAMEDA 309,843 54,800 24,227 304,643 34,532 BUTTE 680,320 176,900 170,433 680,320 230,060 CALAVERAS 362,644 1,500 4,3g3 550,000. 400 EL DORADO 197,696 3,700 5,796 311 ,040 3,537 FRESNO 2,201,140 855,700 1,060,314 1,673,154 865,576 KERN 3,605,404 717,300 603,659 3,433,1 1 550,000 MADERA 774,738 137,900 212,052 7 , MARIN 172,886 25,400 688 _149,457 0 1 MENDOCINO ,0 8,071 88,5aQ 14.614 1.06R_071* -8.8.5A0** MONTEREY 1,489,324 222,200 177,906 1,489,324 100,000 PLACER 248,934 37,600 28,571 300,000 10,000 RIVERSIDE 738,582 315,400 228,673 500,000 234,960 . SAN BENITO 779,007 75,900 38,820 890,000 55,000 SAN BERNARDINO 1,789,775 134,600 81,173 101,000 85,000 SAN MATEO 83,273 , 0 5,517 105,000 , SANTA BARBARA 926,953 76,500 65,079 620,000 80,000 SANTA CLARA 458,403 149,100 78,665 567,900 130,000 SANTA CRUZ 103,572 17,900 23,175 84,000 20,000 SOLANO TF1 ,348 87,200 112,355 323,539 ,500 SONOMA 694,094 71,200 27,985 694,094 71,200 TEHAMA 1,168,133 184,800 72,613 1,477,825 135,129 TULARE 1,403,606 350,000 58 6 0 5 ,00 TUOLUMNE 168,947 8,000 2,272 350,000 500 Total 19,806,693 3,796,100 3,624,341 17,850,832 3,334,554 Other Counties 17,204,232 3,558,000 3,974,357 21,241,720 3,839,870 State Total 37,010,925 7,354,100 7,598,698 39,092,552 7,174,424 1. 1964 U.S. Census of Agriculture. 2. Conservation needs inventory, U.S. D.A. Soil Conservation Service Jan. 20, 1966 3. U.S. Census of Agriculture - 1964. 4. County Survey, Joint Committee on Open Space Land, July 1968. 5. County Survey, Joint Committee on Open Space Land, July 1968. * County did not respond to this portion of questionnaire. Figures shown are acres of land in farms. Census of Agriculture,' 1964. ** County did not respond to this portion of questionnaire. Figures shown are acres of Class I and II soils. Conservation Needs Inventory, U.S.D.A. Soil Conservation Service. 1 18 - TABLE V AGRICULTURAL LAND INVENTORY Counties Which Have Not Implemented Williamson Act lLand in 2Class I & II 3Irrigated 4Agricul- 5Prime Agri. Farms Soils Land,1964 tural Land Land ALPINE 12,716 1,500 2,692 12,716* 1,500** ' A_ MADOR 207,089_ 9,200 3,815 None COLUSA 532,151 139,400 163,606 5 ,400 CONTRA COSTA 303,399 51,400 56,407 350,000 60,000 DEL NORTE 35,948 24,000 4,494 35,000 15,000 GLENN 631,024 149,200 151,298 570,000 81995 HUMBOLDT 787,165 108,000 19,184 787,165- 08,000** IMPERIAL 592,982 233,600 429,594 592,982 233,600 INYO 370,833 19,800 19,552 3,500,000 30,000 KINGS 876,773 315,700 6,03 5 387,000 LAKE 246,112 30,000 15,322 803,9T0-----r5-0,000 ^ LASSEN 651,932 91, 100 61,991 2,500,000 None LOS ANGELES 58T#3qO 228,100 78, 8 3 ,3 00 MARIPOSA 306,462 _ 7,000 1,305306,462-,- ,000 MERCED 1,044,394 352,500 377,817 1,161,273 412,168 MODOC 900,347 163,400 133,759 840,000 0,000 MONO 70,261 17,500 11,386 89,000 0 NAPA 262,743 30,900 10,909 131,590 20,000 NEVADA 197,610 16,300 7,797 147,700 17,787 ORANGE 242,839 14 ,20 54,893 165,000 48,900, . PLUMAS 123,480 39,500 31,320 123,48o-- 39,500 SACRAMENTO 568,410 36,000 169,237 432,000 200,000 SAN DIEGO 695,364 118,700 52,436 680,000 5,000 . SAN FRANCISCO 5 - 0 SAN JOAQUIN 963,675 258,700 496,948 963,675 259-',700 SAN LUIS OBISPO 1,525,435 98,900 30,357 1,505,400 45,000 SHASTA 743,978 166,900 96,797 744,000 75,0-00 SIERRA 51,379 13,600 10,741 51,379 - 00 SISKIYOU 994,889 143,900 113,788 199,000 135,000 STANISLAUS 811,591 140,200 349,694 797,720 381,720 SUTTER 386,426 108,100 108,100 -- TRINITY 133,064 8,200 2,432 133,064 8,200 VENTURA 436,931 134,800 103.161 120,000 134,800 YOLO 594,322 133,900 252,184 617,000 270,000 YUBA 317,110 21,800 0 Total 17,204,232 3,558,000 3,974,357 21,241,720 3,839,870 Other Counties 19,806,693 3,796,100 3,624,341 17,850,832 3,334,554 State Total 37,010,925 7,354,100 7,598,698 39,092,552 7,174,424 1. 1964 U.S. Census of Agriculture. 2. Conservation needs inventory, U.S.D.A. Soil Conservation Service, Jan.20,1966. 3. U.S. Census of Agriculture - 1964. 4. County Survey, Joint Committee on Open Space Land, July 1968. 5. County Survey, Joint Committee on Open Space Land, July 1968. * County did not respond to this portion of questionnaire. Figures shown are acres of land in farms. Census of Agriculture, 1964. ** County did not respond to this portion of questionnaire. Figures shown are acres of Class I and II soils. �.onservation Needs Inventory, U.S.D.A. Soil Conservation Service. m N 0 O ra ra 9 s; rn ro (a v 0 ri r-I 14 z U 7 v r� z C- O E b (D a) rrf•r1 ri -•I O ra 01 7.1 O r-I 14 r-1 S4 -rf. ri5 a1 0, O v 1 Q) 1 r-4 (f M H rz 1; r [ ` • H N -r1 0-14 O 9L ra a) ro H tn` S4 !~ 1 i !~ l~ 0 r= c a1 v O. (2r 0 ra •ri to E a) 04 >4 S' F'. i'. r-4 r-i k r•i-ri a > O O00 +1rz E- ZE- 'Hv H 'j E �. � (a-1 •r•I O-1 Z v -C z E 0 I~ k S4 rO S•1 Z !-i O -C 4J O O ri -r-I -r-I (1) C, 1~ RL 04 t~ 41 z m rl C:•r-I o rO rt1 O H rq 1;•ri Z •ri •ri 9 r4 C O Z 9: Z •r1 E •r1 E•r.l r N O O O 0--4 a a v • ea) 000wEwwwwlnv w a P .1vkvsiUv•r+ a) 1•rvvvk c>~ H •• U U p U !a U 1-1 14 $4 U u s a $a U 3 rn (a U fa U ra 14 U 04 U 0 U U U 0 Z 44 � O 0 o M C)ra r- O (U r6 ra 0 OOLr) O 1-IOOa0 r~ 000o0000 H %D M 1W r-i rf) r-r .`3 N 9 N r-I r-i (N r-I r-I U) Ori O WH O 01 HH 0 w ro s2 u zs a; 4-! t; EQ H H OU] Urn OHQw H H z Q > 9Hzr-i a � � H 1 <CQ H A > CO aOueutp.ap buTUOZ E' z w ,m UT pasodulI umUIT*UT s x x x x x x XX x w Ea --- - _ Fr U p -. uauraaabV UT a pasodMI UTnWTUTII x x x x x x 0o 0 A papinTp ac{ ueO o 0 o cc rn _ rn o O oa 0 ppueT saaO-a uMU.ITUTIJ o N er ra r-I r-I r-I ul H - wn a an.zasaad Te-TngTno O N O o 00 O rn u) O O O 0 o z O -T Ibe UT S913e umu>zuTj�j ri ri r-i ri o w r a gsanbaa uo pupT nue rn rn rn rn rn rn uo paaaijo s�uaLuaa.zbv Zo ° zzy, y, �, Z;, � 2zOZ2O z° 22z >+ � z° pueT TeznqTno -TabE eToaarlmwoo nue rr1 u1 rn u, v1 m r12 N N O N O NON v1 T ova) voa) aly vovvaov vvovvva) UO pajajjo squawaalbv z >1zr >i >1 rz >1 >-lzz >4 >1 >1Z >4 >4 >4 >+ pueq 9WTad nus In N uo pa zaijo S40eaqu0D 2 O z y, ?r :0 Z z 2 2 2 z 0 2 2 2 2 l I O 4 4 A a U O 4 <C A H z W - (n m s4 0 U) C: �4 O (1) U) -ri 04 O m 0 O m C (n 4J -.-i•4 O c O U aa)) 0 U) .0 E a a U ru p N S 1 It z O Hta000 ,::c `0 0UgQ 41 tr44 to a ra rtt � r: O r- -4 En 0 .-. to 3 �+ rts a rts z) z w tr H rq r 0) 00 � aaaUa ZEzkO -r, to o rn 4J w H T-q .Q ci ai 9 D E A m o uaTd Taxauao q�TM 4'.'WD m: ! m� 1 m m ur m m m) o H U cs ;93UVp-TOOOV UT san.Tasa.z a a o a a a s a ao 4 z z�W > 00 m mm m m m m to m m N aw O 4H i s9n19s92d UT ,xagtuTs a >+ �+w W�a, 2 a) a) O a) w v 0 ) E a oo TaTOa9UJMOO sapnTOur E z > a rn � arn - -- w w r+ gsanbag F, U 2 s l zauMQ gnogqTM 0) Ul N O a) 0 O O w O o o 0 0 0 0 o O 0 0 M a u sanxasaxd s.zapzsuO� >' >' z>+ z >+ c; z z >+ z z z z z z z 00 U a 2 zO txoT4az4 sTuTWptz' v a " x o a aTgTsuodsag 4uaur.4jad9a a s a a a m U a aU a U w H squautaa.zbv pus �,. CD z sanaasax m m m tom m m m m m m z a d a MaTnag mo o a) a 04) (D00a) 4) 00) a) () 00 O a w uOTssTUIMOD buTuuPTd >+ z z >, >.,. z >+ >+ z z>+ z >+ >+ >+ z z rn H a squawaaabv U pup saaaasead go mm u a u m U) mmmmmmmmmm (nmm m MaTnax JJa4S buTuuaTd a) a) a a a a) a) m a) a a) a) a) tv a) a a) a) a) O a) >+ >+ > > > >+ >+ >., >+ >+ >a >t >i>-, >+ >+ >+ >4 >+ >+ >< >+ �.LIautaa� . . •. xapun pu�eT JO 44TTvno > > �, > tin > tiny Q a) 04 4 0 Z O RS W N Q HW FA+ ZaHW ()0 z aacnW W Oz azOWWzmm 444 -21 H Atnzw �+ AEUw EEHQO 40 WarOazza > z z a aaw � � w0aHa �c �x �ca� 0aozwxa o 0 wwx ,t. Z134ZWWWzWzWc WME-, HE >+ a 2 O H 2 W W aC _ C7 2 N a w w N W 1 > pa 0 N a W xalRo In W squauiaxznb N 2 —a2i -[eoTut{oal U axngjn0Ta6V jo xoqoaxTq >4 o4 UOT409Cgp cv 2 agenbapeuz N squaulAea agegs sxauMopupq U3 o4 squaulAud }� 0 T squauraaxbv paxxaj a -aid sxauMopueZ puPq auitxa ON 0 z g a 4 cn0 o wH4O2aa 0 Z>4 OHMW44Z w A wa� o Uaa nwra 0 W W W > 02 2 W Wc4cQr � dg4 NIM6 HKCow2 WN AHUW HE+ H 0 + 44 Ha MMM ZZ4 > 2 z2azxa0 aa +� a9w +� WOaN < < a +c� r� 00WOo 4MUWPr4 �4Z � Zwtzu� cnMIM WcnMIME-+ HH N 4-) b ra O I~ G 9 •rl In Q) to U) O > Z O $-I4-3 Ql U) 04 04 $4 O rO x 9 tp (ll U C) (U•rf 4-) 4-) U) i1 ul ro Q3 crj O S-t Q) a U Qa Q) z U) c X }-iXulL" 3-,4 U) Q) Q)-4 3 O r-i - - fri 04 1c: ro 0 E-i to Z u) g ED u) Z w .I,) Id u) ONOO (DI~ Q) •ri i~-•-i U (1) I1 O -ri > 3 4J a .il•r( U1 .L) -ri O U O O O 4J a ::$ tp 9 -mo o Q) a O >1 (Ti .0 r. p !:� 0 z z U .0 r-i O 4J o 4J 0 0 ae Ei >4 z 2a440 X x 2 w TTas off. 9929 � ~'` H aq PTnogs SJTaH x x I x x uTagxaoun ED 0 xes aouv TaaguT m cn zog uoz�.anTen H d U I K � TTas 04 xxx rx xx x 0 H aaag aq oq squpm N z z N a z gbTg 004 A Tauad x t-+ cn H 4TnoTjjTG >c X x w w 004 uoTquTTaouLD z z- 4oa3j3 - - - -- - 0 go aouaznssV oN x x X X uz - - aoi-.ON Xv 00 Oa aa-.-la -4uauiss9ssV x X w w go A4ure-4zaoun E4 x TaMauaa-uoN go i Wa aoT40N aa4jP saxPl x buOT 004 x X aoz4oN szaaA auTN buoT Ooh. utzas !x x 3 i 10 !z w a wrJcawx0w z1w AHzawzza zz 2aE+ 0 ,4 < a 14 0 )14 d4Co © w � a c � 2nn - E-1a+a 23 - TABLE IX ALL COUNTIES v 4J a, GENERAL INFORMATION Q\ .O vii o au), t3, 5 � rj . Gen'l Agric. Rec. Scenic Res. Plan 0•rq W a (D W •1 Plan Elem. Elem. Elem. Elem. in E 0 3 C4 0 o bn Prep. HN04 4 +► 4 ALAAIEDA Yes Yes Yes Yes Yes Yes ALPINE AMADOR Yes Yes No Yes No 40 BUTTE Yes Yes Yes Yes Yes No 390,000 CAI-AV171RAS Yes Yes Yes Yes Yes No 9, 563 COLUSA I Yes No 22,000 CONTRA COSTA Yes Yes Yes No No Yes 60,000 DEL NORTE Yes AN c" Yes Yes IvoNo EL DORADO No Yes Yes 94,329 FRESNO Yes Yes Yes No No No 220,000 GLENN Yes Yes Yes Yes Yes Yes No HUMBOLDT Yes Yes Yes Yes Yes _ IMPERIAL No No No No No No 640,000 INYO Yes Yes Yes Yes Yes No KERN Yes Yes Yes Yes Yes Yes 3870, 000 KINGS Yes Yes Yes No Yes No 50,000 LAKE es yes YesI es Yes i:o 7 .138 LASSEN No Yes No LOS ANGELES .ADFRA MARIN Yes Yes Yes i Yes Yes No M:%RIPOSA MENDOCINO Yes Yes Yes ! No Yes No 300,000 MERCED Yes Yes I Yes j No No No Y.ODOC Yes Yes Yes No Yes No "ONOes Yes Yes Yes Yes No MONTEREY es Yes Yes Yes Yes es 218,731 NAPA Yes Yes i Yes es 20,000 NEVADA Yes es Yes Yes Yes No ORANGE No Yes Yes No 16 PLACER Yes Yes Yes Yes Yes Yes 800 PLUMAS RIVERSIDE Yes Yes Yes Yes I Yes ; Yes 83, 741 SACRAMENTO Yes Yes Yes ! Yes i Yes 330,000 SAN BENITO Yes Yes Yes Yes Yes No 848,768 SAN BERNARDINO Yes Yes Yes I Yes Yes Yes 2,892 SAN DIEGO Yes Yes Yes Yes No Yes SAN FRANCISCO 1 SAN JOAQUIN Yes Yes ! Yes ; No No Yes 640,000 SAN LUIS OBISPO Yes Yes Yes Yes Yes 30,000 SAN MATEO Yes Yes Yes Yes No No 12,300 SANTA BARBARA Yes Yes Yes Yes Yes Yes 797,000 SANTA CLARA Yes Yes Yes Yes Yes No 180,000 SANTA CRUZ Yes Yes Yes Yes No Yes SHASTA Yes Yes Yes Yes Yes No 22,889 SIERP.A SISKIYOU Yes Yes Yes Yes : Yes No 193,000 SOLANO Yes Yes Yes Yes 1 Yes Yes _147,400 SONOMA No es No STANISLAUS Yes Yes Yes I Yes ! No 1Yes 112,222 BUTTER Yes Yes Yes No No - - TEHAi•iA Yes Yes Yes Yes No 338 000 TRINITY Yes Yes Yes { Yes No 267,136 TULARE Yes Yes Yes Yes No No 12,000 TUOLUMI`:E No Yes Yes VENTURA No ; Yes No YO-LO Yes Yes Yes No No No 20,000 YUBA 9,952,128 T Al - 24 - TABLE IX (Continued) ALL COUNTIES GENERAL INFORMATION Removal of Excl.Agri.Zonin Econ. . Advi- Need Agreement Very I Studies ; sory Cap. Terms Diffi- Diffi- Easy Auto- on Com. Rate Spelled cult cult matic Agric. /lines Out ALAMEDA , No -O YES YES ALPINE AMADORx i Yes No No BUTTE x - -Yes Yes Yes No CALAVERAS x i No Yes Yes Yes E COLUSA X I t No CONTRA COSTAx No Yes Yes No DEL NORTE i No EL DORADO ( No Yes Yes Yes FRESNO ! x No j Yes I No Yes GLENN ' Yes Yes ' Yes HUMBOLDT No Yes Yes No IMPERIAL NYes Noo N INYO 7 KERN x o No Yes Yes KINGS No LAKE X j No LASSEN No LOS ANGELES MADERA f 4 MARIN t X No �es es ; No yq, MARIPOSA ? MENDOCINO X No Yes NO MERCED X No ` MODOC No MONO Yes MONTEREY X Yes Yes Yes No NAPA Yes ! NEVADA ORANGE No No Yes ; Yes PLACER X , Yes Yes Yes No PLUMAS i ! RIVERSIDE X Yes No Yes No SACRAMENTO X No Yes Yes SAN BENITO X Yes Yes Yes i Yes SAN BERNARDINO Y No No Yes SAN DIEGO Yes Yes Yes Yes SAN FRANCISCO SAN JOAQUIN X ! Yes Yes Yes ' No SAN LUIS OBISPO X ! Yes Yes Yes Yes SAN MATE_ X No No Yes No SANTA BARBARA X No Yes No No SANTA CLARA j X YesNo No No SANTA CRUZ X Yes ; Yes No + Yes " SHASTA Yes i SIERRA SISKIYOU X No SOLANO Oepends No No No Yes SONOMA i No No Yes STANISLAUS X No BUTTER j No Yes Yes Yes TEHAMA X 1 No Yes Yes TRINITY j No No Yes Yes TULARE ; X No No Yes No TUOLUMNE No Yes Yes No h, VENTURA No i No Yes No YOLO ; No No Yes Yes YUBA j C 25 - TABLE IX (Continued) ALL COUNTIES GENERAL INFORMATION Scenic Scenic Other Plans Imposes Excl. Agric. Easements Easements for Zoning in Opposition Offered Accepted Open Space to Owner No Acres f A LAP11i DA No No No AI,I'INL AMADOR No vgn C, BUTTE CALAVERAS No Yes - No COLUSA No No CONTRA COSTA No yps No DL•'L NORTE EL DORADO No Nn FRESNO Yes 32Q Nn GLENN No No No B UMBOLDT No No IMPERIAL No No yps INYO No KERN NoINn No KINGS LAKE rTo Yes No LASSEN No LOS ANGELES rLADE RA MARIN Yes 3 150 No N TLyRIPOSA MENDOCINO No Yes I No MERCED No Yes I No MODOC No MONO No No No MONTEREY Yes 27 1,441 Yes Yes IAPA No Yes Yes .EVADA Yes No ORANGE No No No PLACER No Yes No PLUMAS RIVERSIDE No Yes Yes SACRAIMENTO No Yes Yes SAN BENITO No Yes No SAN BERNARDINO No SAN DIEGO No No No SAN FR7iNCISC0 SAN JOAQUIN No Yes Yes SAN LUIS OBISPC No Yes No SAN MATEO No Yes No SANTA BARBARA No No No SANTA CLAPil No Yes No SA:4TA CRUZ No No No SHASTA No SIERP.A SISKIYOU No SOLANO No Yes Yes SONO:4A No No STANISLAUS Yes No SUTTER No No No TEP,A:-A No Yes No TRINITY No No No TULARE No Yes No TUOLUMINE No No No VENTURA No Yes No YOLO No Yes No _ YUBA P 27 - TABLE XI COUNTIES NOT HAVING LAND UNDER CONTRACT OR AGREEMENT PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT OF 1965 (WILLIAMSON ACT) 1968 Preserves ` (n co 1 -0i I a) Requested ( y°!, r j Q) r c r. a ro t o �► t o t 't7 o a) o Iron ro sa a� a �-,! +J o o, � • ; r-1 a .1 rq w tp-p o tr 41 ,� N t~ +1 uI 4-J NO. Acresi x x j a s x'roi ! w ja.a � a ALPINE ; AMADOR X i X X • COLUSA CONTRA COSTA 23 125,5001 X X DEL NORTE GLENN X xi HUPIBOLDT 1 700 s IMPERIAL ! t INYO ' KINGS ! LAKE LASSEN LOS ANGELES MARIPOSA MERCED 7 X X MODOC MONO t i NAPA ' NEVADA 3 ! ! ORANGE 4 107,318 X t X PLUMAS ' SACRAMENTO 10 10.000 X x ! SAN DIEGO 63 17.8 9 X SAN FRANCISCO SAN JOAQUIN 11 5.42Q SAN LUIS OBISPO 35 48,000 X SHASTA 1 2.749 j SIERRA SISKIYOU i STANISLAUS x x SUTTER :20 TRINITY VENTURA i3 YOLO 8 YUBA t Totals 209 218,355 m V 10 20 joua-,tru;) 3D�.)Ur ?tti?'_ ri 1 to 1 O rt 1 �O OLrT.du •���� t • 1 1 • 1 • • 1 • 1 • 1 � � .' r t ^t 1 ^.•�� •+• 1 cl 1 r•1 r1 1 1 1 . 1 44 OS .. - � GT O G9 3 a 1I1 v ; �trOL.:)�1L t ) Ct C'r rn C+r7 n C C•`t•- 94%0 Cll# O •rl 30 �Jt»Z��;O C'. -' C C.•r-1 to 1 r 1,C+N r 4 Gt r•t c .i r„1 •..:. ✓ r- r- t c• rim 1 O N•o•to 0ONr4 wo 1 •-t . q L. 1 c: 1 M N 1 r-i N 1 M ctrl � R+ -: • 1 1 1 1 I r♦ ca : C C t '+ ,tib Put:,l a r4 C. M t`rr1 cn ci r4 e• C": a M N r4 E to-r C- N N M call. C% ►7 H� C rt C 1 L^ ri 1 �:' C7 r•1 N M r••) e ^ � ` e^ e r C" C11 ae �. c cacaoe+ .. [, C. {AI Jj<<<=wJ t" � L^ C: C an C` C` n Cl. C' C C c 4 t!!N {, � . m 1•? r � O' s F: fqunoo u•r ��uLri 4J W .. c' t•.; .`.' : �• r 0- LM coca tnL� • ccc L G r+ e^ ^ L•. W e r•t M L't p M M O C7: .. :: rti t F: C r7 C: t'i r-1 N r-i r-i r i M �� 1.1:•.... O Cc v :�LrJ:.ta7at.'a:i i XL re; e H �Jr1Ltj •Tai.►L •404 • • • . • • • • • • • • • • • • • C7 t" ra L C V r-1 t Ort r-i !\c'i ri C61 �' Nor* ri 14: HR 0t C iGC• QI H C 1 ?: G C C f' F 1 rtrL• C% ^ t` ancl ic+ cC? C: C: pct� c� c O . t- r••t C+ : r) r4 c c^ rt q H c r. c� 00 a t.Z C� a+a� c . O:. •,: N i-� �' r."1 • !•'Fi M w• L'1 �: :1 cl t? t� r•1 C\ M Cr tr1 C%tl1 N t�C7 �ri:l.ro V.cy L O.: . r 1•t : t=• c Cl. .!t? quujgl;u ; r-1t• II _ C- V! t~ !� c: ^ mrir7NC7ar•iMv^ H C' 3v�7tili L11i:. r 1 r-t r-4 N �+ C E• D F .. ,1,1 r-: E-4 s;� tG- :4unoz) UT istt3:r1 ti ., .. , Al, .? C7 n c. yr N Cti tua �• • • • • • • • • • • • • • • •cc C7 L•! ^ c r• : G C't t^ t.� cr� +.: %: n N t^ - <t• r� r•1 n M%C N [► " O? C• e: rc' [: r, C. _ r-1 -; rce� , cvooe� en N . -0 rt c- Ln n to . G oc N � M 1.± C G en c o .-� . O c O , o In a c c Cc E-- {AI OTt:L...) +, � ,►.- F• c Cl 'i C c c O O an C h r •T3`w� s.�titW;j t't :1 M •3' i O r-1 r4 14 r' C 4.t.,�].,'•m. < E• V. O.al.. 01.4d U C C. tn: a F M rtci it c� . n04 avot: vc b m.:•1:•: Lr1 11 r•1' Qt'.0 Putrrt ::�unuV) tc.^.• ,�N n c' N a Ln aiO.'"1 af'4j O: Ql.r,l M•n'- A 44-.m ' 14 O:a O. FA to CIO a o as qa..as qc� 10 ® SO,• O M, vuwr. a04 , Oa1CS � a . H. •• ' �i:::.-~.:- arc > OC kx oe, ol4 aCos09 l± .t3 CS .: m C a qj O Cit r3 O is M. vfrt7ta I� Cta » C � CO C1 �3 �! 0 0to O ttl O 0 E0 r F F+ H CES T a EP ._ OFFICE OF COUNTY ADMINISTRATOR iS?� f W. T. PAASCH CONTRA COSTA COUNTY ` :LERK BOASO OF SUPERVISORS RA CO TA CO. ' Uye Deputy Administration Building Martinez, California To: Board of Supervisors Date: September 18, 1970 Implementation of AB 1186 From: J. P. McBrien, Subject: for the Preservation of County Administrator Wildlife Habitats on May 19, 1970 your Board referred the subject matter to my office for report. AB 1186 passed the State Legislature during the 1969 regular Legislature session and made various amendments to the Land Conservation Act of 1965. As you know, the Land Conservation Act of 1965 has been implemented in our county through the establishment of agricultural preserves. One of the amendments made effective by the passage of AB 1186 was that a "wildlife habitat area." may be included within an agricultural preserve. The legislation provides that a City Council or Board of Supervisors may establish a "wildlife habitat area" and may include it within an agricultural preserve atter consulting with and considering the recommendation of the State Department of Fish and Game. The County Planning Department receives, reviews and processes applications for establishment of agricultural preserves. If the Planning Department receives an application for establishment of an agricultural preserve based on the promise that the land in question is of importance for the protection or enhancement of wildlife, Planning Department staff will contact the State Department of Fish and Game for assistance in reviewing and developing a recommendation on the application. GEB/aa cc. T. J. Coll J. P. Kenny A. M. Dias J. E. Moriarty E. A. Linscheid A. A. Dehaesus SUGGESTED SCHEDULE AGRICULTURAL PRESERVE HEARING - BOARD OF SUPERVISORS Thursday, January 16, 1969 10:00 a.m. to Noon Rezoning No. Owner Represented By City and LAFC Notified 1309 Claeys Self Hercules 1310 Decker at al Turner Martinez"and Hercules 1298 Brenkle Turner 1311 Hugett Turner Herculee and Pinole 1318 Ginochio et al Turner 1296 Ginochio et al Turner Concord 1315 Ginochio et al Turner Concord and Walnut Creek 1317 Ginochio et al Turner 1316 Ginochio et al Turner 1304 Wells Fargo Turner Concord and Pittsburg 1300 H. Elworthy Turner Concord and Pittsburg 1302 H. Elworthy Turner Concord 1301 W. Elworthy Turner 13 hearings - estimated time 2 hrs. 1:30 p.m. to 3:00 p.m. 1305✓ Buchanan Self Pittsburg 1293 Kerley Field Walnut Creak 1319✓ Cardoza Amaral 1290 Ralph Self f 1295✓ Bettencourt, H. Amaral 1327` Banke Amaral 1308- J. Nissen Engel 1307•`` C. Nissen Engel 1328-' Arata Rockwell' Antioch 9 hearings - estimated time 14F hre. 3:00 p.m. on 1299 G. Bettencourt Turner 1294 Sycamore Springs Turner 1314 Morris Turner 1303 R. Elworthy Turner 1312 Leonardini Turner 1297 Bosley Turner 1320.1 Boeger Self 1326✓ Higgins Turner Antioch 1331 & 1334;-*- Viano & Morgan Turner Martinez 1332/ Mann Turner 1333 Burke Turner 1259 Trail Ride Ass. Geo. Cardinett 12 hearings - estimated time 2 hre. TOTAL HFARING.S - 34 i t s pvt/1 6 S P t c,,ilirl�'y' -' 1lt� fZ r /U L 'v 2 +2Ffzre! e j4.Fo e,v6— 0 Q� f d !t d�u � .�, ,.,,_,_ ct►res s L•,9•�.t . Cc a<.rc�� �.. ` -- Pic aerzA: 7 ttttJL�rC. k' t c ;fit <IoilFrf`J t'i1St� es"'� x /.:7> l r� '�r`' ` SEc F� / l t nc U-Lr s 13a4 -- lvAzZS �,/ec a �-- t�i�Jz•►Et} ��Mc.Rn [a 7.. .r -" -' /� /A AaI)AJEZ t1 f'' s 13 'G f X � / A -- SIC-< gra- �T9 L Y�J2u��-`}l�rt�:cv� j- Q /� / � l 30 -- h/ ��tae,e'1,,�r y z--- i,►a.►t so �•tc.i,tvrr 46' oL q'%J+Zw%t) I / 3 / -7 +.. Jt « i (TU R'auCd) !t 1 ° Io • 44tOV4,t1 (S.zf) PTS$5biQ6 ' toj 1i3. - l2. S ZA 1.3 27 /4,llK�C /Y7alzv4 /3-( 7 (iE,�t. �,1 i �l�atKuJ�tC� Au;J.cJ! P rh d f Cw arz i N Y wee 12�1�1 - v s,LE Vrgas>1At 1,,teJ Ogvc ,:Y) Maas-,ur-z i Al A Al t3�ax tZ i 1 j12414. �' � sir �• ZX ' ON m L-- � 1710 " b D a d A ^"� A � � � o � r- tt� A fit Wlb � A -4 ta Tit � C w w w a w w N 5 N �� N a cti ,,�0 ti ni qi w W o 1 fl 0 O d 0 b ( ;0_4 .3.. ° Q a o e a «► f.A n ntk r ti N hr N e., pID O � r'• 0 vi Xb ! 6`. A eq vi 00 �. ;40 -4% t� •,� r N w a► d ri t LIN �► Com.. C_ ^ fit �i R rn Obi e p RIt p . s � `� �' A4 CA bit ru A A3 fit .,, ... Lu yh © w w 6` vi N p' t*t "'4 to o `�► N N N N N N tit N D N N N N N . N N ICE � � tom+► tr � � ,,, .. .. .�T rN r, 'i L R� Z+ fi •�T V1 n Cil �,+ h :t 41 Ob J Z m CA sit a Q cZt GN A Z h h � i � �j •.. R1 � pill .' a rn h n y �'' ^ o D dfiGa < � "fig p s • � � � a t t7 -4 t s n. ( - j JtN N LN CN - fi R� S a Z ;At v ry a sr n Rt a i '` � \ • � •1 �1 C k O n \ tit fMt �„" � � �► �{ Z �` 4� � �%N C aIV w W VU N ~ U" �. -J W w L4Q. iV ry x N N ti fit N N J5J i� n ijt � � ,,�.'• b A n n � 0 0 y 1 , 1, h AFFIDAVIT OF MAILING In the Meter of Notice of HearinS to consider the es- ) tablishment of Agricultural FILED Preserves and the execution of a Land Conservation DEC6 Agreement, 1969 W. T. PAASCH CLC-,-K BOARD OF SUPERVISORS O TRA CQ C0. By uty STATE OF CAJTJIFORNIA ) S5, COUNTY OF CIATRA COSTA ) � 3ia Russell _r.s beim duly sworn, deposes and says thst she is now, Rnd at oll times! he"in mentioned was,, a oltizen of the United States, over the agar or 21 years; that on %. day o:' � cember �. �� 9.6t-, she deposited izti the Unl ye$ States Post orr#ad in the City of Martinez, County of :antra costAr Stott or California g a zlftict i amwyxat a letter notifying the addressees as per attached sample of hearings to consider the establishment of an agricultural preserve and the execution of a land conservation agreement. CfZl� lid and that the postage thereon was fully prepaida. Subscribed and sworn to 30fore mv this 6th day I9-6R- 41 �tt✓ A�n �Pr '0 Re: notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementf3_RZ Gentlemen: . In accordance with the provisions of Goverment Code Sections 51201 (d) and 51213.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. Y The under consideration contains approximately &— _ acres ;W -' and±q_identified on Assessors Parcel Plumbers D7.�- O S� - o o i •�r s, Owned by Araea- et a.1 , and Assessors Parcel Plumbers Owned by *dft «, The hearing will be held on Thursday, January 16, 1969 at do P.M. in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. w T4�. PAASCH, CLERK By: Geraldine Russell -33911445% W ark F� .4� ea Rio A1'r,s1l-D a Y' aTa H Stre��'�r^ Re: Notice of Hearing to consider the /Q n tI oc`i Ali T establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement,4-L&LU and D7 Gentlemen: In accordance frith the provisions of Government Code Sections 51201 (d) and 512113.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The property under consideration contains approximately _ acres ref and is identified on Assessors Parcel Number D 'ls-14.2 - op/. Owned by Lee //1 gai'i?A Y- Bar k ei(- Amer,eA.,and Assessors Parcel Numbers Owned by The hearing will be held on Thursday, January 16, 1969 at PIM. in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Mrtinez, California. ,. AASCH, CLERK By: Geraldine Russell c s V lg 1� PIAL , r L#2Aj 70 �i e-etaY Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementj&&RZ a BE s Gentlemen: . In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a lk. hearing relative to the establishment of an Agricultural. Preserve and the execution of a Land Conservation Agreement on property which is 'N. located within one mile of the boundary of your city. The p3► under consideration contain§ approximately acres properties and S identified on Assessors Parcel Plumbers �/9 -0,/a — d o'a Owned by._. n g r,/ and Assessors Parcel Lumbers Owned by The hearing will be held on Thursday, January 16, 1969 at .`.� P.P4. in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. '. WAURR-A, PAASCH, CLERK By: Geraldine Russell A L esfe r AC 2 jj y- Pis-wn�nQ �llree,LMr ic�/s e/y ¢ Dr, Re: Notice of Hearing to consider the wa.�nu t LOrc ��i, F_ establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement /` Gentlemen: In accordance with the provisions of Governrent Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors Will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The pry- under consideration contains approximately I,6� 7/.1.I acres properties and to-ddentified on Assessors Parcel Plumbers +r ✓ - — cif '/� — iC.�� � 't�- -�/ _' /I .✓J � — �F%:J "//U.f Y+ e., rI o L I and Assessors Parcel Numbers Oby _"J. wned < < .; , Owned by A.M. The hearing, Will be held on Thursday, January 16, 1969 at _ D -iwk in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Streot, Martinez, California. I&MR-A. PAAS CH, CLERK By: Geraldine Russell D y er t. ;.v 0-. ,e r y P .7 7/ Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementj.=_RZ i Gentlemen: F.` ;r In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter hl3, 1968 Statutes), you are hereby i, notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural. Preserve and the execution of a Land Conservation Agreement on property which is located Within one mile of the boundary of your city. The peaperW under consideration contains approximately , gYa acres properties and �d identified on Assessors Parcel Numbers Js,?- sFt-o7o- ooi� 3S`Y-070-ci0a. .255/- .A90 - g211 os"6-ao;�, aicr_ � �- ��� �G8 -/a_a - dog �► _��B'- ioo- oo ?_ Owned by f _ ,rot :�/ , and Assessors Parcel Numbers Owned by A.M. The hearing will be held on Thursday.. January 16, 1969 at in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, rSartinez, California. dM-A. PAASCH, CLERK By: Geraldine Russell Alin .-io.�..�i.� MA N d-G PAY @qty /Ta. Re: Notice of Hearing to consider the A.r.L41 ne i �a,1i7C establishment of an Agricultural j Preserve and the execution of a Land Conservation Agreement4u.1/02 and Gentlemen: in accordance with the provisions of Government Code Sections 51201 (d) and 512113.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Super7isors Will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a band Conservation Agreement on property Which is located within one mile of the boundary of your city. The prersrzty under consideration contains approximately /D/,7� acres properties _ anri e-id,?ntified on assessors Parcel Plumbers /lo/-/LD -DDS ///S a-6V1. A / !?-0 -oat = 90Aze _ Owned by e e,/ , and Assessors Parcel IJumbers Owned by JU.5 t•i n /-e 7-v Lr, The hearing will be held on Thursday, January 16, 1969 at P.M. in -loom 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, lkrtinez, California. y _�.fA T'!=^^— A PAASCH, CLERK By: • Geraldine Russell f Lou oY` 7 '1.� ,Ij�j P 0, ,BoX 8'77 (/ Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementjj&-RZ -Zi3C� R7. In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter W, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The grapertg under consideration containA approximately -4�— acres properties andIs- identified on Assessors Parcel Numbers 6 ff7• I ffo 0oa�__ 0-1o- 00 3 vos'. o 94i-oS'O- 001 . voZ ooir v/r 1E. -0 6wne d by CT e r 6 e r t E/.uQ r_&A v p- - - s-and--Rsseasots-gareel I r+tbarS -AmrYed-by-- A.M. The hearing will be held on Thursday, January 16, 1969 at /_ 0 4LO95- in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Pkrtinez, California. �< C) MER— - PAASCH, CLERK By: Geraldine Russell rm a ��hLrd stee Kt��P.�f �2/101 12G IJ O. 6o-Y 977 Re: Notice of Hearing to consider the dgo n a o r O C./;f establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementjjgr--Rz Vmen— Zn accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter h13, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The pvapevW under consideration contain approximately Z7j,1.,7 acres properties and identified on Assessors Parcel Numbers /3r d W-Og4 /3r-aVO-0OW X03, !3�"=a 9o- ooi, jj.7 0.0 3j Dwned by c1, Ll jun o e h O e Q. 8�+ne�-by A.M. The hearing will be held on Thursday, January 16, 1969 at /0 in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, lkrtinez, California. —VAL M A. PAASCH, CLERK By. Geraldine Russell TlanitZ-clerk g i P V, ,Box F77 Re: Notice of Dearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement 4&ZRZ In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter hl3, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The paspefty under consideration contain$ approximately f 7V acres properties and identified on Assessors Parcel Numbers _.fl 0- /3 -O/7��_, o,.-o -do9. (1 �- aSo aoa+ s�.� �.�'....0�,�-�v�'o_-oo�r Ckrued by A.M. a The hearinu will be held on Thursday, January 16, 1969 at -I�s�F: in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, l rtinez, California., ; F}-*. PAASCD, CLERK By: Geraldine Russell. �s�u�j►-�errk � r' : i A* A& rd SLD L .le// p/tenni no �iree�or �? O. ,Bo X 877 Re: Notice of Hearing to consider the 02o n6 o r d, Oz b,P- establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementf3ML-RZ and "..Z_ In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold•a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property Which is located within one mile of the boundary of your city. The g under consideration contain] approximately 4174_ acres properties and-dz- identified on Assessors Parcel Plumbers Q 70- 00 erne d by We//s -�Q r a o Z?A.n le _ e ,. d-A seessors-Pel ra W. A.M. The hearing will be held on Thursday, January 16, 1969 at /0 -P%frr in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, 1krtinez, California. !- s ! WALTZ&j. P__A,+SM CLERK By: Geraldine Russell k r ' •Di ree ic r 6f I°/a,ti ih,n q P 0, Boz 877 Re: Notice of Hearing to consider the �oneorc7� �a./�{• establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement jjj -RZ In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural. Preserve and the execution of a Land Conservation Agreement on property Which is located within one mile of the boundary of your city. The prere:ty under consideration contai4 approximately YL-q _ acres properties and # identified on Assessors Parcel Numbers /a-:voi- v0a_.3 /00-a 70- doll, 0 20 a D 7�,0Q,� '00s,. .e_f awned by K and As see mn%—?Mvce±-ffwftbevs evened—by- A.M. The hearing will be held on Thursday, January 16, 1969 at /D .+. ibap in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. $R A-w PAASCH, CLERK By. Geraldine Russell I Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement•�RZ In accordance with the provisions of Government Code Sections 51201 (d) _ and 51243.5 (as amended by Chapter W, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The property under consideration contains approximately acres and is identified on Assessors Parcel Nun,ber# of 9-P Owned by �c���1�nc h ,v, and Assessors Parcel IJumbers Owned by The hearing will be held on Thursday, January 16, 1969 at P.M. in room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. .,Cev -� ;aIAMER-K-. PAASCH, CLERK By: . Geraldine Russell ,Dom. x :F t y l 1 Re: Notice of Hearing to consider the 6v r y, L /, establishment of an Agricultural Preserve and the execution of a >` Land Conservation Agreement/QRZ g, CR3 i' y In accordance idth the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter h13, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold`a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The }ire?-�under consideration contain approximately acres properties and identified on Assessors Parcel Plumbers U %f�- w 70' vy/ 0 7- (honed by e/!s au 4 v ! &k7 k _ e, sots arceI-PTu' ttrers 4 . Owned ,F IA.M. The hearinu will be held on Thursday, January 16, 1969 at /........�.�.... in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Streot, Martinez, California. iiA "ate R A.-PAASCH, CLERK k ' ` Geraldine Russell Z"4y Clark_ I i� Ret Notice of Hearing to consider the Alw-s ij ,ry , dvd l A establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement/ e.,a n7 In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter U3, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The property under consideration contains approximately 11 -234 acres properties and- identified on Assessors Parcel Numbers 4 8?_ yr - 0.Ro-_005 %- aos-, OyV-o,fo- ocy C)a7, oog oz.s f- 0/6 Owned by 14e r b e Y f r/wo r b _gamed-by A.M. The hearing will be held on Thursday, January 16, 1969 at 14:2 i�ft in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, 11krtinez, California. `�'"Tin-LTE r PAASCH, CLERK Geraldine Russell I � r /a me n &E Re: i`Iotice of Hearing to consider the establishment of an Agricultural a Preserve and the execution of a q Land Conservation Agreementjjj -RZ Gentlemen: In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural. Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. t The pmperty under consideration contains approximately ' _ acres properties and identified on Assessors Parcel Numbers &4"2 - 040-ooh 36 ? --0 1112 -005(_ I,- 362 - ds_ops Owned by Qtt-;/i e _� ue , and Assessors Parcel Ilumbers Owned by A.M. The hearinU will be held on Thursday, January 16, 1969 at ftt� in Room 107, Supervisors Chambers, County Administration Bui ding at ' Pine and Escobar Street, Martinez, California. `Wkh -*-. PAASCH, CLERK By: Geraldine Russell 1 i ,3 a • f eo,-rae St o Ales . Tuln Cafe rl� Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreementl9gZ-RZ Gentlemen: In accordance with the provisions of Government Code Sections 51201 (d) and 512113.5 (as amended by Chapter 1113, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property Which is located within one mile of the boundary of your city. The ptavmnty under consideration contains approximately acres properties and *6dentified on Assessors Parcel Numbers 38-o�o-dc1S�_i. /4-oa3r,-3 6'a - O/O -!a 0-1 Owned by L, F. 011&L- _ , and Assessors Parcel Numbers Owned by A.M. The hearings ill be held on Thursday, January 16, 1969 at _/0_ _ LW*r in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. - kL ftr,:. PAASCH, CLERK By: Geraldine Russell • ��4ril.¢/ Re: Notice of Hearing to consider the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement fj(a;�Z Gentlemen: In accordance with the provisions of Government Code Sections 51201 (d) and 51243.5 (as amended by Chapter 413, 1968 Statutes), you are hereby notified that the Contra Costa County Board of Supervisors will hold'a hearing relative to the establishment of an Agricultural Preserve and the execution of a Land Conservation Agreement on property which is located within one mile of the boundary of your city. The pasponOW under consideration contains approximately acres properties and *s identified on Assessors Parcel numbers 9lif Dia-00/. &d-r-.0 7.0--y0/. R 3 ff- 0 7D -,0/)4 fO -d l/, JJ* 300-00/, 3LY-oSo-oo5 3ba-/�a—d0.7 e�- 36 loo-vo3, Owned by �� Piker et al , and Assessors Parcel Numbers Owned by A.M. The hearing will be held on Thursday, January 16, 1969 at /_i0 _ 4W in Room 107, Supervisors Chambers, County Administration Building at Pine and Escobar Street, Martinez, California. Ze. U0.iA1. PAASCH, CLERK By: Geraldine Russell