HomeMy WebLinkAboutMINUTES - 09141993 - 1.14 (4) • i _�`• Contra
TO: BOARD OF SUPERVISORS Costa
O; yy.
FROM: HARVEY E. BRAGDONi; „'�!.'!;'hn ;�: >'!'s County
DIRECTOR OF COMMUNITY DEVELOPMENT +'•, - o
DATE: September 14 , 1993 sra courii"�
SUBJECT: Request by Unimin to' amend Land Conservation Contract 9-74 and 8-74 to
allow for mining operations to occur on land within the agricultural
preserve district. The amendment is being made in order to bring the
Land Conservation Contract into conformance with condition #14 of Land
Use Permit 2078-91. (Applicant and Owner: Unimin Corporation)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the attached resolution.
A. Making findings that mining activity, an allowed use
under Land Use permit #2078-91, is a compatible use with
the Land Conservation ("Williamson") Act and the County
Ordinance Code.
B. Authorizing the Chairman of the Board of Supervisors to
execute amendments to Land Conservation Contracts #8-74
and #9-74 to allow mining activity to be conducted as
specified in Land Use Permit File #2078-91, subject to
prior execution and notarization of the contract
amendments by the property owner and acceptance of the
contract amendment forms by County Counsel.
2 . Authorize the property owner to record the executed contract
agreements.
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNATUR / X�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDZtIONO B RD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON September 14 , 1993 APPROVED AS RECOMMENDED x OTHER
IT IS BY THE BOARD ORDERED that the above recommendations are
APPROVED; and Resolution 93/653 is ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
'; SUPERVISORS ON THE DATE SHOWN.
Contact:Robert Drake - 646-2091
Orig: Community Development Department ATTESTED September 14 , 1993
cc: Unimin Corp. PHIL BATCHELOR, CLERK OF
Gagen, McCoy, McMahon & Armstrong THE BOARD OF SUPERVISORS
County Counsel D CO Y ADMINISTRATOR
County Assessor
BY am D
DEPUTY
,/
2 .
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1976 , after the completion of an Environmental Impact Report, a
conditional use permit (#2040-75) was granted for the Byron Sand
Quarry. This permit was granted for 16 years and did not include
lands under a land conservation contract.
In 1991, the Unimin Corporation applied to extend the life of the
mining permit and to expand the area of disturbed land to 200
acres.
The application (#2078-91) also included a request to mine lands
under Land Conservation Contracts #9-74 and #8-74 . The contracts
currently do not specify mining as a compatible use. Three
parcels, out of a total of 11 proposed to be mined, are under a
land conservation contract.
After certification of a subsequent EIR, the Zoning Administrator
approved Land Use Permit #2078-91 on January 25, 1993 . The
approval includes a condition of approval that requires the
applicant to either remove the parcels under agricultural preserve
contract from the two land conservation contracts or amend the
contract to include mining as an allowable use.
In an effort to meet the condition of approval, the applicant has
submitted a proposed amendment to Land Conservation Contracts #9-74
and #8-74 . The amendments list mining as an allowable use.
Section 84-42 . 02 of the County Ordinance Code sets forth the
County's allowable uses within the Agricultural Preserve Zoning
District. This section states a number of uses, such as aviaries
and apiaries, which are allowed in the Agricultural Preserve
District. It goes on to say that agricultural and compatible uses
specifically agreed upon between the County and the landowner are
also allowed on parcels under a land conservation contract. After
reviewing this section of the code, the Williamson Act, and the
applicant's proposed amendment, staff concludes that this amendment
is both consistent with the Williamson Act and the County Ordinance
Code.
RD/aa
BDVII/2078-91.RD
1 . 140
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 14 , 1993 , by the following vote:
AYES: Supervisors Powers , Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Land Conservation Contracts ) RESOLUTION NO.93/653
9-74 and 8-74; Amendments to) (G.C. §51200
Allow Mining Operations ) et seq.)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
1 . By Resolution No. 74/94, the County ordered that certain lands owned by Evo Coelho
and Marian Lucille Machado as Trustees under Declaration of Trust of Frances Coelho
Vierra be designated as Agricultural Preserve No. 9-74. Subsequently, the County
entered into a Land Conservation Contract with such owners effective September,
1973 (hereinafter Contract 9-74).
2. By Resolution No. 74/93, the County ordered that certain lands owned by Frances G.
Coelho be designated as Agricultural Preserve No. 8-74. Subsequently, the County
entered into a Land Conservation Contract with such owner effective September, 1973
(hereinafter Contract 8-74).
3. The two Contracts have benefitted the County by enforceably restricting the properties
to agricultural and open space and compatible uses and prohibiting conversation of the
lands to urban or other uses, and they have benefitted the owners of such lands by
restricting the property taxes on the lands, allowing the owners to continue utilizing
the lands for agricultural and compatible uses.
4. On June 29, 1992 the owners of the lands entered into a mining lease with Unimin
Corporation, the purposes of which lease are related to mining, processing, selling, and
transporting sand from a small portion of the lands subject to Contracts 9-74 and 8-74
("Contract lands").
5. On January 25, 1993, after full environmental review and public hearing, the County
Zoning Administrator approved a land use permit for the mining company to mine such
sand from the Contract lands. The mining permit allows mining only on a small portion
(6.6%) of the Contract lands.
6. The County Ordinance Code at §84-42.402 allows the County to enter into a contract
to allow for agricultural and compatible uses, and Section B of Contracts 9-74 and 8-
74 allows the Board to add such uses to the Contract.
7. The Board has determined that mining operations under the land use permit are
compatible uses with the Contracts, and that such operations are consistent with the
Williamson Act and the County Code.
8. The Board thus hereby authorizes the Chairman of the Board to execute amendments
to Contracts 9-74 and 8-74 as more particularly described in Exhibit A to this
resolution.
hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe iso on t date shown.
ATTESTED: 141 lIq
PHIL BA HELOR,Clerk of the Board
pervis r and Co u y dministrator
BY o ,Deouty
Recording Requested by,
and When Recorded Mail to:
Gagen, McCoy, McMahon & Armstrong
Attn: Allan C. Moore
P.O. Box 218
Danville, CA 94526
AMENDMENT TO LAND CONSERVATION AGREEMENT
1. EFFECTIVE DATE AND PARTIES. Effective on //-/4
the County of Contra Costa, a political subdivision of the State
of California ("County") , and Evo Coelho and Marian Lucille
Machado, as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992, successors in interest to
Francis G. Coelho ("Owners") , mutually agree as follows:
2. Purpose. The parties desire to amend that certain Land
Conservation Contract (Agricultural Preserve No. ) 8-74 that they
entered into, effective September, 1973 . The land affected by the
original Land Conservation Contract and this Amendment Agreement
is described in Exhibit "A", attached hereto and incorporated
herein.
3. Recitals.
A. By Resolution 74/93 dated January 28, 1974, the Board of
Supervisors on behalf of Contra Costa County ("County") and the
landowners of certain property within the County, Frances G. Coelho
(succeeded in interest by Evo Coelho and Marian Lucille Machado,
as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992) ("Owners") entered into a Land
Conservation Contract ("Contract") dated September 1973 , pursuant
to the terms of the Williamson Act (Government Code § 51200, et
seq. ) ("Act") . Resolution 74/93 and the Contract were recorded on
February 15, 1974 , at Book 7157, pg. 714, Contra Costa County.
B. The Contract was entered into for an original term of
ten (10) years and is automatically renewed for a period of one
(1) year on the last day of February of each succeeding year.
C. The Contract has remained in full force and effect and
no notices of nonrenewal or requests to cancel the Land
Conservation Contract have been filed.
D. The Contract has benefitted the County by enforceably
restricting the property to agricultural and open space and
1
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compatible uses and prohibiting conversion of the land to urban or
other use, and it has benefitted the Owners by restricting the
property taxes on the property, as provided by statute, and by
allowing the Owners to continue utilizing the Contract lands for
agricultural and compatible uses.
E. Attached to the Contract is Exhibit B, entitled
"Allowable Land Uses, " a list of allowable proposed land uses of
the property other than agricultural uses specifically stated in
the Contract at Section 7 . The only additional use which is listed
in Exhibit B is "grazing."
F. On June 29, 1992 , Owners entered into a mining lease with
Unimin Corporation, the purposes of which lease are related to
mining, processing, selling, and transporting sand from a small
portion of the lands under Contract.
G. On January 25, 1993 , after full environmental review and
public hearing, the County Zoning Administrator approved a land use
permit for the mining company to mine such sand from the Contract
property. The mining permit allows mining only on a small fraction
(6. 60) of the Contract lands. The mining will be for a limited
time, and will be followed by reclamation of the land.
H. The Final Subsequent Environmental Impact Report (FSEIR)
for the land use permit, Contra Costa County File No. 2078-91,
addressed the environmental impacts of mining within the Contract
property, and recommended as a mitigation measure that the terms
of the Contract be modified to allow mining as a use of the
Contract lands. That mitigation measure was adopted by the Zoning
Administrator and included as a condition of approval that must be
satisfied prior to commencement of mining operations on the
Contract lands.
I. The County Ordinance Code at § 84-42 . 402 allows the
County to enter into a contract to allow for agricultural and
compatible uses, and Section 8 of the Contract allows the Board to
add such uses to the Contract.
J. The parties thus wish to amend the Contract to include
mining operations as an allowable, compatible land use; and to
further amend certain references in the Contract to Code Sections
which have been deleted or replaced.
4 . Amendment. Exhibit B to the Contract is hereby amended
to read as set forth in the First Amended Exhibit B, attached
hereto and incorporated herein by this reference.
2
5. Effect. Except for the amendment agreement agreed to
herein, the Land Conservation Contract No. 8-74 dated September,
1973 , remains in full force and effect.
ATTEST COUNTY OF CONTRA COSTA
By
�" -
Cle;7"! o e Board Chair
Board of Supervisors
OWNERS
Evo Coelho and Marian L. Machado
as general partners in the Coelho Machado
Family Li ted Par ershZted December 31, 1992
By:
Evo Coelho
General Partner
Ma ian Lucille Macha o
General Partner
APPROVED AS TO FORM:
Victor J. Westman, County Counsel
By
3
EXHIBIT A
That parcel of land in the unincorporated area of the County
of Contra Costa, State of California, described as follows:
All that portion of the south 1/2 of Section 9, Township 1
South, Range 3 East, Mount Diablo Base and Meridian, lying within
the following described property:
Beginning at an iron pipe on the south line of the County
Road leading from Byron to Marsh Creek at a point which bears
south 30 feet from a point on the north line of said Section 9,
which bears north 890 51' 50" east, 2038. 13 feet along said north
line from the northwest corner of Section 9; thence from said
point of beginning along the south line of said County Road,
north 890 511 50" east, 597. 63 feet to a point which bears south
00 34 ' west 30. 00 feet from the north quarter corner of said
Section 9; thence continuing along said south line of said County
Road north 890 581 30" east 1487 . 78 feet to a point at the
intersection of said south line of said road with the east line
of Parcel Five as described in the deed to Evo G. Coelho, et al,
recorded April 3 , 1942 , Book 667 , Official Records, page 291;
thence along the exterior boundary line of said Parcel Five in
southerly and easterly directions, the following courses and
distances, to-wit;
South 300. 00 feet, south 890 46' east 161.93 feet, south 10
43' west, 967 . 60 feet, east 150 . 00 feet, south 10 43' west 328.50
feet and south 670 08 ' east 944 . 00 feet to a point on the east
line of said Section 9 , which bears south 1994 . 80 feet along said
east line from the corner common to Section 3 , 4 , 9 and 10,
Township 1 South, Range 3 East; thence along said east line south
655.46 feet to the east quarter corner of said Section 9; thence
leaving said exterior boundary line of said Parcel Five and
continuing along said east line of said Section 9, south 10 01'
30" west 2650. 31 feet to the southeast corner of said Section 9;
thence along the east line of Section 16, south 00 061 50" east
5317. 42 feet to the southeast corner of said Section 16; thence
along the south line of said Section 16, south 890 57' west
3448.84 feet to an iron pipe which bears north 890 57' east
1812 . 13 feet from the southwest corner of said Section 16; thence
north 10168 . 35 feet; thence north 850 44 ' east 255.42 feet to an
iron pipe; thence north 00 27' east 400. 66 feet to the point of
beginning.
I:\vo12\c1ient\25277\cxhibit.a
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Contra Costa County Land Conservation Contract
FIRST AMENDED EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Chapter 84-42 of the Contra Costa
County 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 pursuant to Land Use Permit
No. 2078-91 subject to the terms and conditions set forth therein
and below. Said uses and structures shall be in addition to those
authorized by Articles 84-42. 2 through 84-42 . 14 of the County 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
None
3 . Proposed Structures
None
4 . Existing Land Use
Grazing
5. Proposed Land Use
e Grazing
• Mining operation for all purposes related or
ancillary to mining, processing, selling and
transporting sand. Mining shall be limited to the
mining area provided for in Land Use Permit
No. 2078-91.
I:\vo12\c1icnt\25277\cxhibit.b
ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY
SIGNER
County of San Joaquin
❑ INDIVIDUAL(S)
On*019"JX/` , 12M before me, /_Az), 97_ Al14EX, Notary Public, ❑ CORPORATE
personally appeared &-V40 (joe#A.r> Ajt)j�, R'40el#"� L• lfr'~i': >: OFFICER(S)
❑ personally known to me -- or -- Xproved to me on the basis of TIT'__-;s)
satisfactory evidence to be the l PARTNER(S)
person(s) whose name(s) is/are ❑ ATTORNEY-IN-FACT
subscribed to the within instrument ❑ TRUSTEE( )
and acknowledge to me that ❑ SUBSCRIBING WITNESS
U1URc_' L.MILLER he/she/they executed the same in L 7 GUARDIAN/CONSERVATOR
cord",r. 1.000968 his/her/their authorized ❑
NORNiA
snNX.I.QUIN000NTYY � capacity(ies), and that by OTHER:,
Nr Gann.6piresAuG�ust18,f991 his/her/their signature(s) on the
instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the SIGNER IS REPRESENTING:
instrument. Name of Person(s) or entity(ies)
Wi nes myhar nd official seal.
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•.,�:x�i :.pi.e.:�:a lila -��.,:V• �.�.ii�.�:K'.in'..�ir'�.�ix'.•aRt},.i:;_�..�^,
Recording Requested by,
And When Recorded Mail to:
Gagen, McCoy, McMahon & Armstrong
Attn: Allan C. Moore
P. O. Box 218
Danville, CA 94526
AMENDMENT TO LAND CONSERVATION AGREEMENT/
1. EFFECTIVE DATE AND PARTIES. Effective on
the County of Contra Costa, a political subdivision of the State
of California ("County") , and Evo Coelho and Marian Lucille
Machado, as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992 , successors in interest to Evo
Coelho and Marian Lucille Machado as Trustees under Declaration of
Trust of Frances Coehlo Vierra ("Owners") , mutually agree as
follows:
2 . Purpose. The parties desire to amend that certain Land
Conservation Contract (Agricultural Preserve No. ) 9-74 that they
entered into, effective September, 1973 . The land affected by the
original Land Conservation Contract and this Amendment Agreement
is described in Exhibit "A", attached hereto and incorporated
herein.
3 . Recitals.
A. By Resolution 74/94 dated January 28 , 1974 , the Board of
Supervisors on behalf of Contra Costa County ("County") and the
landowners of certain property within the County, Evo Coelho and
Marian Lucille Machado, as Trustees under Declaration of Trust of
Frances Coelho Vierra (succeeded in interest by Evo Coelho and
Marian Lucille Machado, as general partners in the Coelho Machado
Family Limited Partnership dated December 31, 1992) ("Owners")
entered into a Land Conservation Contract ("Contract") dated
September 1973 , pursuant to the terms of the Williamson Act
(Government Code § 51200, et seq. ) ("Act") . Resolution 74/94 and
the Contract were recorded on February 15, 1974 at Book 7157, pg.
701, Contra Costa County.
B. The Contract was entered into for an original term of
ten (10) years and is automatically renewed for a period of one
(1) year on the last day of February of each succeeding year.
C. The Contract has remained in full force and effect and
no notices of nonrenewal or requests to cancel the Land
Conservation Contract have been filed.
1
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D. The Contract has benefitted the County by enforceably
restricting the property to agricultural and open space and
compatible uses and prohibiting conversion of the land to urban or
other use, and it has benefitted the Owners by restricting the
property taxes on the property, as provided by statute, and by
allowing the Owners to continue utilizing the Contract lands for
agricultural and compatible uses.
E. Attached to the Contract is Exhibit B, entitled
"Allowable Land Uses, " a list of allowable- proposed land uses of
the property other than agricultural uses specifically stated in
the Contract at Section 7 . The only additional use which is listed
in Exhibit B is "grazing. "
F. On June 29, 1992, Owners entered into a mining lease with
Unimin Corporation, the purposes of which lease are related to
mining, processing, selling, and transporting sand from a small
portion of the lands under Contract.
G. On January 25, 1993, after full environmental review and
public hearing, the County Zoning Administrator approved a land use
permit for the mining company to mine such sand from the Contract
property. The mining permit allows mining only on a small fraction
(6.6%) of the Contract lands. The mining will be for a limited
time, and will be followed by reclamation of the land.
H. The Final Subsequent Environmental Impact Report (FSEIR)
for the land use permit, Contra Costa County File No. 2078-91,
addressed the environmental impacts of mining within the Contract
property, and recommended as a mitigation measure that the terms
of the Contract be modified to allow mining as a use of the
Contract lands. That mitigation measure was adopted by the Zoning
Administrator and included as a condition of approval that must be
satisfied prior to commencement of mining operations on the
Contract lands.
I. The County Ordinance Code at § 84-42 . 402 allows the
County to enter into a contract to allow for agricultural and
compatible uses, and Section 8 of the Contract allows the Board to
add such uses to the Contract.
J. The parties thus wish to amend the Contract to include
mining operations as an allowable, compatible land use; and to
further amend certain references in the Contract to Code Sections
which have been deleted or replaced.
4. Amendment. Exhibit B to the Contract is hereby amended
to read as set forth in the First Amended Exhibit B, attached
hereto and incorporated herein by this reference.
2
5. Effect. Except for the amendment agreement agreed to
herein, the Land Conservation Contract No. 9-74 dated September,
1973, remains in full force and effect.
ATTEST COUNTY OF CONTRA COSTA
CWh 01 AAq a) �[�' ✓�
By
Cler c of th e and Chair
Board of Supervisors
OWNERS
Evo Coelho and Marian L. Machado
as general partners in the Coelho Machado
Family Limited Partnership dated December 31, 1992
By: _ f�� adL
Evo Coelho
General Partner
By: `
Ma ian Lucille Machado
General Partner
APPROVED AS TO FORM:
Victor J. Westman, County Counsel
By i
3
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EXHIBIT A
That parcel of land in the unincorporated area of the County
of Contra Costa, State of California, described as follows:
All that portion of Section 16, Township 1 South, Range 3
East, Mount Diablo Base and Meridian, lying within the following
described property.
Beginning at an iron pipe on the south line of the County
Road leading from Byron to Marsh Creek at a point which bears
south 30 feet from a point on the north line of Section 9 said
township and range which bears north 890 51' 50" east 2038. 13
feet along said north line from the northwest corner of Section
9; thence from said point of beginning along the south line of
said County Road, north 890 51' 50" east 597 . 63 feet to a point
which bears south 00 34' west 30. 00 feet from the north quarter
of said Section 9; thence continuing along said south line of
said County Road, north 890 581 30" east 1487.78 feet to a point
at the intersection of said south line of said road with the east
line of Parcel Five as described in the deed to Evo G. Coelho, et
al, recorded April 3, 1942 , Book 667, Official Records, page 291;
thence along the exterior boundary line of said Parcel Five in
southerly and easterly directions, the following courses and
distances, to-wit:
South 300. 00 feet, south 890 46' east 161. 93 feet, south 10
431 west, 967 . 60 feet, east 150. 00 feet, south 10 43 ' west 328.50
feet and south 670 08, east 944 . 00 feet to a point on the east
line of said Section 9, which bears south 1994 .80 feet along said
east line from the corner common to Sections 3, 4, 9 and 10,
Township 1 South, Range 3 East; thence along said east line south
655. 46 feet to the east quarter corner of said Section 9; thence
leaving said exterior boundary line of said Parcel Five and
continuing along said east line of said Section 9, south 10 01'
30" west 2650. 31 feet to the southeast corner of said Section 9;
thence along the east line of said Section 16, south 00 06' 50"
east 5317. 42 feet to the southeast corner of said Section 16;
thence along the south line of said Section 16, south 890 571
west 3448 . 84 feet to an iron pipe which bears north 890 57' east
1812 . 13 feet from the southwest corner of said Section 16; thence
north 10168.. 35 feet; thence north 850 441 east 255. 42 feet to an
iron pipe; thence north 00 27 ' east 400. 66 feet to the point of
beginning.
I:\vol2\client\25277\2d-cxhib.a
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Contra Costa County Land Conservation Contract
FIRST AMENDED EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Chapter 84-42 of the Contra Costa
County 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 pursuant to Land Use Permit
No. 2078-91 subject to the terms and conditions set forth therein
and below. Said uses and structures shall be in addition to those
authorized by Articles 84-42 .2 through 84-42 . 14 of the County 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
None
3 . Proposed Structures
None
4 . Existing Land Use
Grazing
5. Proposed Land Use
• Grazing
• Mining operation for all purposes related or
ancillary to mining, processing, selling and
transporting sand. Mining shall be limited to the
mining area provided for in Land Use Permit
No. 2078-91.
I:\vo12\c1ient\25277\exhibit.b
ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY
SIGNER
County of San Joaquin
FI INDIVIDUAL(S)
On W(*#B0- /6, 19_3before me, LAVR671. L.*11-46A , Notary Public, ❑ CORPORATE
personally appeared &VO W&WI-D A.At /titf IAv� L OFFICER(S)
❑ personally known to me -- or - Xproved to me on the basis of TITLE(S)
satisfactory evidence to be the PARTNER(S)
person(s) whose name(s) is/are ❑ ATTORNEY-IN-FACT
subscribed to the within instrument ❑ TRUSTEE(S)
and acknowledge to me that ❑ SUBSCRIBING WITNESS
he/she/they executed the same in ❑ GUARDIAN/CONSERVATOR
his/her/their authorized ❑
LAUREL L.fALLER capacity(ies), and that by OTHER:
COMMfloom
WMAgr X-CA his!her/their signature(s) on the
so JWAVIN cojwy instrument the person(s), or the
Ma wcam 1is,too? entity upon behalf of which the
person(s) acted, executed the SIGNER IS REPRESENTING:
instrument. Name of Person(s) or entity(ies)
Witness my ha d and official seal.
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C:�'�*r:I�it�bit 7+!4wI a�+vi IJ�C +,y�,..... � .
LAW OFFICES OF
GAGEN, MCCOY, MC24AHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGORY L. MCCOY 279 FRONT STREET
PATRICK J. MCMAHON P. 0. BOX 218
MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS
TELEPHONE: (510) 837-0585
STEPHEN W. THOMAS FAX. (510) 838-5985
CHARLES A. KOSS
MICHAEL J. MARKOWITZ
NAPA OFFICE
MICHAEL W. CARTER
RICHARD C. RAINES 1001 SECOND STREET, SUITE 315
NAPA, CALIFORNIA 94559-3017
VICTOR J. CONTI
TELEPHONE: (707) 224-8396
BARBARA DUVAL JEWELL April 20, 1994 FAX: (707) 224-5817
ROBERT M. FANUCCI
ALLAN C. MOORE
PLEASE REPLY TO:
PATRICIA E. CURTIN
CAROLE A. LAW
ALEXANDER L. SCHMID
MICHAEL P. CANDELA Danville
CHARLES A. KLINGE
Aulene Joseph
Clerk of the Board of
Supervisors
Contra Costa County
651 Pine Street, Room 106
Martinez, CA 94553
Re: Recordation of Amendment to Land Conservation Agreements
Resolution 74/93 (8-74) ; Resolution 74/94 (9-74)
Dear Aulene:
Please find attached two separate, recorded "Amendment to land
Conservation Agreement" documents. They relate to the Board's
action on September 14, 1993 , wherein the Board approved these two
documents for recordation (see Resolution No. 93/653) .
Both were executed by the Board and given to my office for
recordation. We recently received the documents back from the
recorder's office with the recording information stamped thereon.
Your office requested a copy of the documents with the stamped
recording information. Please find such copies attached hereto.
Please do not hesitate to contact me with any questions.
Very ul ours,
n C. Moore
ACM:cag
Encl.
I:\vo12\c1ient\25277\board.1tr
• JAS 1994 RECORDED T E EST OF
94 008451 J N 11 1994
Recording Requested by, AT ( O'CLOCKM,
and When Recorded Mail to: CONTRA COSTA COUNT RE RDS
DS
STEPHEN L. WE{R
Gagen, McCoy, McMahon & Armstrong COUNTIL RECORDER „
Attn: Allan C. Moore FEE; �vfJ�J
P.O. Box 218
Danville, CA 94526
AMENDMENT TO LAND CONSERVATION AGREEMENT
1. EFFECTIVE DATE AND PARTIES. Effective on - /l/al - 9.3 ,
the County of Contra Costa, a political subdivision of the State
of California ("County") , and Evo Coelho and Marian Lucille
Machado, as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992, successors in interest to
Francis G. Coelho ("Owners") , mutually agree as follows:
2. Purpose. The parties desire to amend that certain Land
Conservation Contract (Agricultural Preserve No. ) 8-74 that they
entered into, effective September, 1973 . The land affected by the
original Land Conservation Contract and this Amendment Agreement
is described in Exhibit "A", attached hereto and incorporated
herein.
3 . Recitals.
A. By Resolution 74/93 dated January 28, 1974, the Board of
Supervisors on behalf of Contra Costa County ("County") and the
landowners of certain property within the County, Frances G. Coelho
(succeeded in interest by Evo Coelho and Marian Lucille Machado,
as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992) ("Owners") entered into a Land
Conservation Contract ("Contract") dated September 1973 , pursuant
to the terms of the Williamson Act (Government Code § 51200, et
seq. ) ("Act") . Resolution 74/93 and the Contract were recorded on
February 15, 1974, at Book 7157, pg. 714, Contra Costa County.
B. The Contract was entered into for an original term of
ten (10) years and is automatically renewed for a period of one
(1) year . on the last day of February of each succeeding year. -
C. The Contract has remained in full force and effect and
no notices of nonrenewal or requests to cancel the Land
Conservation Contract have been filed.
D. The Contract has benefitted the County by enforceably
restricting the property to agricultural and open space and
1
compatible uses and prohibiting conversion of the land to urban or
other use, and it has benefitted the Owners by restricting the
property taxes on the property, as provided by statute, and by
allowing the Owners to continue utilizing the Contract lands for
agricultural and compatible uses. c�
C�
E. Attached to the Contract is Exhibit B, entitled
nAllowable Land Uses," a list of allowable proposed land uses of
the property other than agricultural uses specifically stated in
the Contract at Section 7. The only additional use which is listed
in Exhibit B is "grazing. "
F. On June 29, 1992, Owners entered into a mining lease with
Unimin Corporation, the purposes of which lease are related to
mining, processing, selling, and transporting sand from a small
portion of the lands under Contract.
G. On January 25, 1993 , after full environmental review and
public hearing, the County Zoning Administrator approved a land use
permit for the mining company to mine such sand from the Contract
property. The mining permit allows mining only on a small fraction
(6. 6%) of the Contract lands. The mining will be for a limited
time, and will be followed by reclamation of the land.
H. The Final Subsequent Environmental Impact Report (FSEIR)
for the land use permit, Contra Costa County File No. 2078-91,
addressed the environmental impacts of mining within the Contract
property, and recommended as a mitigation measure that the terms
of the Contract be modified to allow mining as a use of the
Contract lands. That mitigation measure was adopted by the Zoning
Administrator and included as a condition of approval that must be
satisfied prior to commencement of mining operations on the
Contract lands.
I. The County Ordinance Code at § 84-42 . 402 allows the
County to enter into a contract to allow for agricultural and
compatible uses, and Section 8 of the Contract allows the Board to
add such uses to the Contract.
J. The parties thus wish to amend the Contract to include
mining operations as an allowable, compatible land use; and to
further amend certain references in the Contract to Code Sections
which have been deleted or replaced.
4 . Amendment. Exhibit B to the Contract is hereby amended
to read as set forth in the First Amended Exhibit B, attached
hereto and incorporated herein by this reference.
2
-i7-7.,7 r-'
5. Effect. Except for the amendment agreement agreed to
herein, the Land Conservation Contract No. 8-74 dated September, CG
1973, remains in full force and effect. ►�
ATTEST COUNTY OF CONTRA COSTA
CA
CL 1 T
B
Y
Cler o e oar C ai
Board of Supervisors
OWNERS
Evo Coelho and Marian L. Machado
as general partners in the Coelho Machado
Family Limited Partnership dated December 31, 1992
By: 'f�/l/y
Evo Coelho
General Partner
a ian Lucille Machado
General Partner
APPROVED AS TO FORM:
Victor J. Westman, County Counsel
Y
3
EXHIBIT A
That parcel of land in the unincorporated area of the County �
of Contra -Costa, State of California, described as follows:
0
All that portion of the south 1/2 of Section 9, Township 1 C
South, Range 3 East, Mount Diablo Base and Meridian, lying within
the following described property: J4
Beginning at an iron pipe on the south line of the County
Road leading from Byron to Marsh Creek at a point which bears
south 30 feet from a point on the north line of said Section 9,
which bears north 890 51' 50" east, 2038 . 13 feet along said north
line from the northwest corner of Section 9; thence from said
point of beginning along the south line of said County Road,
north 890 51' 50" east, 597 .63 feet to a point which bears south
00 34 ' west 30. 00 feet from the north quarter corner of said
Section 9; thence continuing along said south line of said County
Road north 890 581 30" east 1487 . 78 feet to a point at the
intersection of said south line of said road with the east line
of Parcel Five as described in the deed to Evo G. Coelho, et al,
recorded April 3 , 1942 , Book 667, Official Records, page 291;
thence along the exterior boundary line of said Parcel Five in
southerly and easterly directions, the following courses and
distances, to-wit;
South 300 .00 feet, south 890 46' east 161.93 feet, south 10
43 ' west, 967. 60 feet, east 150. 00 feet, south 10 43 ' west 328 . 50
feet and south 670 08' east 944 . 00 feet to a point on the east
line of said Section 9, which bears south 1994 . 80 feet along said
east line from the corner common to Section 3 , 4, 9 and 10,
Township 1 South, Range 3 East; thence along said east line south
655. 46 feet to the east quarter corner of said Section 9 ; thence
leaving said exterior boundary line of said Parcel Five and
continuing along said east line of said Section 9, south 10 01'
30" west 2650. 31 feet to the southeast corner of said Section 9;
thence along the east line of Section 16, south 00 061 50" east
5317 . 42 feet to the southeast corner .of said Section 16; thence
along the south line of said Section 16, south 890 57' west
3448 . 84 feet to an iron pipe which bears north 890 57' east
1812 . 13 feet from the southwest corner of said Section 16; thence
north 10168. 35 feet; thence north 850 44 ' east 255. 42 feet to an
iron pipe; thence north 00 271 east 400. 66 feet to the point of
beginning.
L\vo12\c1 i e n t\25277\c x h i h i t.a
Contra Costa County Land Conservation Contract
FIRST AMENDED EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Chapter 84-42 of the Contra Costa (�
County Code and Paragraph 7 of the Land Conservation Contract, of
which this Exhibit is made a part, the land uses and structures G1
described below are authorized pursuant to Land Use Permit
No. 2078-91 subject to the terms and conditions set forth therein
and below. Said uses and structures shall be in addition to those
authorized by Articles 84-42. 2 through 84-42. 14 of the County 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
None
3 . Proposed Structures
None
4 ." Ex 'ist'ing Land Use
Grazing
5. Proposed Land Use
e Grazing
e .. Mining operation for all purposes related or
ancillary to mining, processing, selling -and
transporting sand. Mining shall- be limited to the
mining area provided for in Land Use Permit
No. 2078-91.
I:\vo12\client\25277\exhibit.b
r,7 7 '11
_:..:
6 D it
ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY
SIGNER
County of San Joaquin
El CZ
INDIVIDUAL(S) �
OnM)s',ArgEQiG , 1993 before me, LAd,QEL L. Yl&_.E , Notary Public, ❑ CORPORATE
personally appeared eyd C09ENL6 A41a k4W14A) J • ,Y,*eAy*bd OFFICER(S)
❑ personally known to me - or -- $Iproved to me on the basis of TITLE(s)
satisfactory evidence to be the PARTNER(S) CD
person(s) whose name(s) ish b ATTORNEY-IN-FACT FA
subscribed to the within instrument ❑ TRUSTEE(S)
and acknowledge to me that ❑ SUBSCRIBING WITNESS
he/she/they executed the same in ❑ GUARDIAN/CONSERVATOR
his/her/their authorized ❑
LAUfU MILLER capacity(ies), and that by OTHER:
COMM,t1000IN his/her/their signature(s) on the
NOTARY KJBLIC•CALPOR instrument the person(s), or the
i W JOAGLNN C UWY
IhCow[*beAugLalI&IN? entity upon behalf of which the
person(s) acted, executed the SIGNER IS REPRESENTING:
Instrument. Name of Person(s) or entity(ies)
Witness my hand nd official seal.
. EDD DE ,pDC11T�E1�.
JAN 117994
RECORDED AT R QUEST OE
JAN 11 1994
Recording Requested by,
and When Recorded Mail to: AT / O'CLOCK M.
CON R�( COSTA COUNTY ECORDS
Gagen, McCoy, McMahon & Armstrong STEPHEN L. WEIR
Attn: Allan C. Moore COUNTY RECORDER „
P.O. Box 218 FEE:
Danville, CA 94526
AMENDMENT TO LAND CONSERVATION AGREEMENT
1. EFFECTIVE DATE AND PARTIES. Effective on 1 /-'/o/"
the County of Contra Costa, a political subdivision of the State
of California ("County") , and Evo Coelho and Marian Lucille
Machado, as general partners in the Coelho Machado Family Limited
Partnership dated December 31, 1992 , successors in interest to Evo
Coelho and Marian Lucille Machado as Trustees under Declaration of
Trust of Frances Coehlo Vierra ("Owners") , mutually agree as
follows:
2 . Purpose. The parties desire to amend that certain Land
Conservation Contract (Agricultural Preserve No. ) 9-74 that they
entered into, effective September, 1973 . The land affected by the
original Land Conservation Contract and this Amendment Agreement
is described in Exhibit "A", attached hereto and incorporated
herein.
3 . Recitals.
A. By Resolution 74/94 dated January 28, 1974 , the Board of
Supervisors on behalf of Contra Costa County ("County") and the
landowners of certain property within the County, Evo Coelho and
Marian Lucille Machado, as Trustees under Declaration of Trust of
Frances Coelho Vierra (succeeded in interest by Evo Coelho and
Marian Lucille Machado, as general partners in the Coelho Machado
Family Limited Partnership dated December 31, 1992) ("Owners")
entered into a Land Conservation Contract ("Contract") dated
September 1973 , pursuant to the terms of the Williamson Act
(Government Code § 51200, et seq. ) ("Act") . Resolution 74/94 and
the,,Contract were recorded on February 15, 1974 at Book 7157, pg.
701", Contra Costa County.
B. The Contract was entered into for an original term of
ten (10) years and is automatically renewed for a period of one
(1) year on the last day of February of each succeeding year.
C. The Contract has remained in full force and effect and
no notices of nonrenewal or requests to cancel the Land
Conservation Contract have been filed.
1
D. The Contract has benefitted the County by enforceably
restricting the property to agricultural and open space and
compatible uses and prohibiting conversion of the land to urban or
other use, and it has benefitted the Owners by restricting the
property taxes on the property, as provided by statute, and by
allowing the Owners to continue utilizing the Contract lands for ,
agricultural and compatible uses. Gfi
E. Attached to the Contract is Exhibit B, entitled
"Allowable Land Uses, " a list of allowable proposed land uses of
the property other than agricultural uses specifically stated in
the Contract at Section 7 . The only additional use which is listed
in Exhibit B is "grazing."
F. On June 29, 1992, Owners entered into a mining lease with
Unimin Corporation, the purposes of which lease are related to
mining, processing, selling, and transporting sand from a small
portion of the lands under Contract.
G. On January 25, 1993 , after full environmental review and
public hearing, the County Zoning Administrator approved a land use
permit for the mining company to mine such sand from the Contract
property. The mining permit allows mining only on a small fraction
(6. 6%) of the Contract lands. The mining will be for a limited
time, and will be followed by reclamation of the land.
H. The Final Subsequent Environmental Impact Report (FSEIR)
for the land use permit, Contra Costa County File No. 2078-91,
addressed the environmental impacts of mining within the Contract
property, and recommended as a mitigation measure that the terms
of the Contract be modified to allow mining as a use of the
Contract lands. That mitigation measure was adopted by the Zoning
Administrator and included as a condition of approval that must be
satisfied prior to commencement of mining operations on the
Contract lands.
I. The County Ordinance Code at § 84-42 . 402 allows the
County to enter into a contract to allow for agricultural and
compatible uses, and Section 8 of the Contract allows the Board to
add such uses to the Contract.
J. The parties thus wish to amend the Contract to include
mining operations as an allowable, compatible land use; and to .
further amend certain references in the Contract to Code Sections
which have been deleted or replaced.
4 . Amendment. Exhibit B to the Contract is hereby amended
to read as set forth in the First Amended Exhibit B, attached
hereto and incorporated herein by this reference.
2
5. Effect. Except for the amendment agreement agreed to
herein, the Land Conservation Contract No. 9-74 dated September,
1973, remains in full force and effect.
ATTEST COUNTY OF CONTRA COSTA
'�,
0 By /,,
Clerk f the Boar Chair
Board of Supervisors
OWNERS
Evo Coelho and Marian L. Machado
as general partners in the Coelho Machado
Family Limited Partnership dated December 31, 1992
By:
Evo Coelho
General Partner
c
By:
Ma ian Lucille Machad
General Partner
"APPROVED .AS TO FORM:
Victor. J. Westman, County Counsel
By .'�
.3
EXHIBIT A
That parcel of land in the unincorporated area of the County (d
of Contra Costa, State of California, described as follows: r.7
All that portion of Section 16, Township 1 South, Range 3
East, Mount Diablo Base and Meridian, lying within the following
described property.
r�
Beginning at an iron pipe on the south line of the County GA
Road leading from Byron to Marsh Creek at a point which bears
south 30 feet from a point on the north line of Section 9 said
township and range which bears north 890 51' 50" east 2038. 13
feet along said north line from the northwest corner of Section
9; thence from said point of beginning along the south line of
said County Road, north 890 51' 50" east 597 . 63 feet to a point
which bears south 00 34 ' west 30. 00 feet from the north quarter
of said Section 9; thence continuing along said south line of
said County Road, north 890 58' 30" east 1487 . 78 feet to a point
at the intersection of said south line of said road with the east
line of Parcel Five as described in the deed to Evo G. Coelho, et
al, recorded April 3 , 1942, Book 667 , Official Records, page 291;
thence along the exterior boundary line of said Parcel Five in
. southerly and easterly directions, the following courses and
distances, to-wit:
South 300. 00 feet, south 890 46' east 161.93 feet, south 10
43 ' west, 967. 60 feet, east 150. 00 feet, south 10 43' west 328. 50
feet and south 670 08' east 944 . 00 feet to a point on the east
line of said Section 9, which bears south 1994 .80 feet along said
east line from the corner common to Sections 3 , 4, 9 and 10,
Township 1 South, Range 3 East; thence along said east line south
655. 46 feet to the east quarter corner of said Section 9; thence
leaving said exterior boundary line of said Parcel Five and
continuing along said east line of said Section 9 , south 10 01,
30" west 2650. 31 feet to the southeast corner of said Section 9;
thence along the east line of said Section 16, south 00 06' 50"
east 5317 . 42 feet to the southeast corner of said Section 16;
thence along the south line of said Section 16, south 890 57'
west 3448 .84 feet to an iron pipe which bears north 890 57 ' east
1812 . 13 feet from the southwest corner of said Section 16; thence
north 10168 . 35 feet; thence north 850 441 east 255. 42 feet to an
iron pipe; thence north 00 27 ' east 400.66 feet to the point of
beginning.
I:\vo 12\client\25 277\2 d-c x h i h.a
• n^�nrn�
Contra Costa County Land Conservation Contract
FIRST AMENDED EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Chapter 84-42 of the Contra Costa
County Code and Paragraph 7 of the Land Conservation Contract, of (r;
which this Exhibit is made a part, the land uses and structures 1;
described below are authorized pursuant to Land Use Permit
No. 2078-91 subject to the terms, and conditions set forth therein
and below. Said uses and structures shall be in addition to those
authorized by Articles 84-42 .2 through 84-42 . 14 of the County 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
None
3. Proposed Structures
_ None -
4 . . ._,Existing Land Use.:
Grazing
5. Proposed Land Use
0 Grazing ..
:. .Mining operation for all purposes related or
ancillary to mining, processing, selling and
transporting sand. Mining shall be limited to the
mining - area provided for in Land Use Permit
No. 2078-91.
I.\volt\cIicnI\25Z7.7\cxhibit.b
ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY �.
SIGNER
County of San Joaquin
❑ INDIVIDUAL(S)
OnNO✓Z-fld"/G, 19 93 before me, I-AVREL G•11t_1. .Notary Public, ❑ CORPORATE C..
personally appeared do La rA-JV L' :Ai OFFICER(S)
❑ personally known to me - or proved to me on the basis of TITLE(S)
satisfactory evidence to be the \,6 PARTNER(S)
person(s) whose name(s) is/are ❑ ATTORNEY-IN-FACT
subscribed to the within instrument ❑ TRUSTEE(S)
and acknowledge to me that ❑ SUBSCRIBING WITNESS
he/she/they executed the same in ❑ GUARDIAN/CONSERVATOR
his/her/their authorized ❑
LAI '�• MILER LER
r �•. � capacity(ies1, and that by OTHER:
his!her/their signature(s) on the
instrument the person(s), or the
18.147 entity upon behalf of which the
person(s) acted, executed the SIGNER IS REPRESENTING:
Instrument. Name of Person(s) or entity(ies)
Witness my and d official seal.
NOTARY SEAL DECLARATION
Pursuant of Govt. Code 27361.7, 1 certify under penalty of perjury that the
notary seal on the document to which this declaration is attached reads as
follows:
Name of Notary:
County: Sv'r e-10 -
Date Commission Expires:
Dated: , -1 1 19911 — at eWi 'W ' ;nI
Signature:(r
END Of DOCUMER
ii