HomeMy WebLinkAboutRESOLUTIONS - 11041986 - 86-659 •� b
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 4 , 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: BANKE RANCH Approving Tentative ) RESOLUTION. NO. 861659
Cancellation for a Portion of ) (Government Code Section
Land Conservat.ion Contract #26 } 51280, et seq. )
(1327-RZ) )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On January 16, 1969 Peter J. Banke, Jr. and Mary Banke, owners of the Banke Ranch, entered
into a Land Conservation Contract with the. County of Contra Costa in accordance with the
California Land Conservation Act (Government Code Sections 51200, et seq. ) .
On August 3, 1983 the landowners filed a petition for cancellation of a portion of that
contract, covering approximately 15 acres of the 425 acre area subject .to the contract,
pursuant to Government Code Section 51280. The subject property is located on the north
side of Manning Road approximately one-half mile west of Highland Road in the Tassajara - .
area and is identified as Assessor's Parcel No. 006-200-004.
The County Assessor has .determined the full cash value of the subject property as though
it were free of the contractual restriction and has certified to the Board the
cancellation valuation of the subject property for the• purpose of determining the
cancellation fee.
The Board hereby determines, and certifies to the County Auditor-Controller, that the
amount of the cancellation fee which - the, landowner must pay . the County Treasurer as
deferred taxes upon cancellation is $1,445 (which is 12-1/2% of the cancellation value of
the subject property) .
The required findings associated with the review of this petition are presented in Exhibit
A (attached) .
The Board hereby grants tentative approval for cancellation of Land Conservation Contract
#26 only as to the parcel identified above, subject to the following condition being
satisfied-
Payment in full of the cancellation fee due under Government Code Section 51283,
which fee is $1,445 (portion of Contract #26) . Unless said fee is paid within one
year from recording of this Resolution, or a Certificate of Cancellation of Contract
is issued within said time, this fee shall be recomputed as of the date of the
landowner's Notice of Satisfaction of Conditions and Contingencies (Government Code
Section 51283.4(b)) .
2.
The Board directs the Clerk of the Board to file with the County Recorder a Certificate of
Tentative Cancellation pursuant to Government Code 'Section 51282.3(a) .
The Board also requests the Treasurer-Tax Collector to notify the County Assessor and
Community Development Department of the payment of cancellation fees on this tentative
approval action.
I
1 hereby certify that this Is a true and correct copy of
Orig. Dept. : Community Development an action taken and entered on the minu:es of-the
Board of Supervisors on the date shorn
M County Assessor +v�
County Counsel ATTESTED- 44t l5 L
County Recorder PHIL BAT ELOR, Clerk of the Board
Treasurer-Tax Collector of Supervisors and County Administrator
County -Auditor-Controller
Community Development By , Deputy
Clerk of the Board
Peter J. Banke, Jr. & Mary Banke
U. S. Sprint
1
EXHIBIT A
FINDINGS BY BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY PURSUANT TO
GOVERNMENT CODE SECTION 51200 - 51298;
CANCELLATION OF A PORTION OF LAND CONSERVATION
CONTRACT #26, DATED JANUARY 16, 1969
The Board of Supervisors of Contra Costa County specifically finds as follows:
1. PETER AND MARY BANKE, JR. (hereinafter Landowner) own approximately 425
acres consisting of three parcels in the Collier Canyon/Manning Road area
immediately north of the Alameda County boundary. The subject parcels are
further identified as Assessor's Parcel Nos. 006-200-002, 006-200-004, and
006-200-005.
2. The LANDOWNER entered into a Land Conservation Contract- dated January 16,
1969 (contract) , with the County of Contra Costa for the property described
above. The Contract was executed pursuant to the California Land Conserva-
tion Contract Act of 1965 (Williamson Act) (Government Code Sections 51200,
et seq. ). The Contract was made effective the last day of February, 1969,
and carried a ten (10) year original term.
Pursuant to Government Code Section 51244, the Contract provided for an
automatic renewal of one year from the last day of January of each succeed-
ing year, unless Notice of Non-Renewal was given.
3. On January 5, 1983 Southern Pacific Communications and the Landowner filed
an application (File #2003-83) for an earth station for a 15 acre area
within the subject property.
4. On June 15, 1983 the San Ramon Valley Area Planning Commission approved
Land Use Permit Application #2003-83 subject to subdividing the subject
property so as to create a separate legal parcel and submitting an appli-
cation for cancellation of the restrictions of the Land Conservation
Contract as apply to the 15 acre station site.
5. On August 6, 1984 the County accepted Parcel Map 111 P.M. 9-11 legally
subdividing the 15 acre earth station site into a separate legal parcel .
6. On August 3, 1983 a Notice of Non-Renewal of the Land Conservation Contract
for the 15 acre area covered by Land Use Permit #2003-83 was filed with the
County. Under the terms of the Notice of Non-Renewal , the restrictions on
the subject area expire no later than the last day of February, 1993. The
contract for the remaining 410 acres shall remain in effect and subject to
the automatic one-year renewal process.
7. On August 3, 1983 the Landowner submitted a petition to cancel the restric-
tions of the Land Conservation Contract as applies to the 15 acre area
approved for an earth station site under File #2003-83.
2.
8. As specifically stated in Findings 10 and 11, set forth below, the
Cancellation of the Contract with respect to the subject property is
consistent with the public interest, pursuant to Government Code Section
51282(a) and (c) (1)-(2) .
9. The Cancellation is for land on which Notice of Non-Renewal has been served
pursuant to Government Code Section 51245.
10. The need for providing an earth station as a public concern substantially
outweighs the objective of retaining this parcel in agricultural/open space
uses.
11. No other proximate, non-contracted land is situated such that it could
serve as a practical alternative site for the approved earth station site.
Other sites would be more conspicuous and detract from the rural character
of the area.
12. Prior to its action giving this tentative approval , the County Assessor
determined the full cash value of the land as though it were free of the
contractual restrictions. The County Assessor, pursuant to Government Code
Section 51283, has certified to the Board that the cancellation value of
the land for the purposes of determining the cancellation fee. Such fee is
an amount equal to 12-1/2% of the cancellation value of the property, such
fee has been determined and certified to the County Auditor-Controller as
being $1,445.
13. Conditions contained in the Certificate of Tentative Approval that must be
met prior to final cancellation will include payment in full amount of the
fee described above, together with a statement that unless the fee is paid,
or a Certificate of Cancellation of Contract is issued within one (1) year
from the date of the recording of the Certificate of Tentative Cancella-
tion, such fee shall be recomputed as of the date of Notice described in
Government Code Section 51283.4(b) .
14. Pursuant to Government Code Section 51282(f) , if the provisions of Public
Resources Code Section 21081 are found to be applicable to the cancellation
of the subject Contract, then the Negative Declaration issued for File
#2003-83 is deemed to be a Negative Declaration relating to this "project."
The "project" is deemed to include cancellation of the restrictions of the
subject contract as applies to that area approved for an earth station by
File #2003-83 as further identified by Assessor's Parcel No. 006-200-004.
9/23/86
LTR.VII
=r.44
Recording requesteo�by Contra Costa County
When recorded, Mail to Clerk
Board of Supervisors
County Administration Bldg. ��,
651 Pine Street
Martinez, CA 94553
BOARD OF SUPERVISORS, CONTRA COSTA COUNTRY, CALIFORNIA
Re: Tentative Cancellation of a )
Portion of Land Conservation ) CERTIFICATION OF TENATIVE- -
Contract #26 (1327-RZ) ) CANCELLATION "
(Gov. Code Section 51283.4)
State of California )
ss: CERTIFICATE
County of Contra Costa )
I am the Clerk of the Board of Supervisors of the County. The board
by Resolution No.86/659adopted on 11/4/86 , granted tentative approval
for cancellation of the portion of the land conservation contract be-
tween the County of Contra Costa and Peter Banke, Jr. & Mary Banke
applicable to the below described real property.
Name of Current Owner : US Sprint Communications
P.O. Box 974
Burlingame, CA 94010
Attn: Satellite Network Administration
Name of Parties
Requesting Cancellation:
Peter Banke, Jr. & Mary Banke - Parties to Contract
US Sprint Communications - Current Landowner
This real property is described as Assessor's Parcel No. 006-200-004
consisting of approximately 15 acres.
A Certificate of Cancellation of Contract will be issued and recorded
at such time as the following condition is satisfied:
Payment in full of the cancellation fee due under Government Code
Section 51283, which fee is $1, 445 (portion of Contract #26) .
Unless said fee is paid within one year from the recording of
this Certificate, or a Certificate of Cancellation of Contract is
issued within said time, this fee shall be `r.ecomputed as to the
date of the landowner's Notice of Satisfaction of Conditions and
Contingencies (Government' Code Section 51283. 4 (b) ) .
Date: November 4 , 1986
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
Admin' sr or
By o
De uty Jerk