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HomeMy WebLinkAboutMINUTES - 09142004 - C126 _ _.._._. ......... ......... ......... ......... .._...... _.. ........... ....................-_..... ......... ......... ......... ......... ......... ......... _ _.. ._.... ......... ......... ......... . ............................................. TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP 7: Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: SEPTEMBER 14, 2004 SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.6-72 AFFECTING APN: 006-220-006 AND APPROVE A NEW LAND CONSERVATION CONTRACT, LAND CONSERVATION CONTRACT NO.04-0003,RELATING TO LAND OWNED BY MICHAEL AND MARIANNE ROUNTREE, LOCATED ALONG COLLIER CANYON RD., TASSAJARA AREA (SUP. DIST. 111) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution rescinding the existing Land Conservation Contract No.6-72 as to APN: 0016-2201-006,approving a new contract, Land Conservation Contract No.04-0003 for APN: 006-220-006, and authorizing the Chair to execute Land Conservation Contract No. 04- 0003 with Michael and Marianne'Rountree, the owners of APN 006-220-006. FISCAL IMPACT None. ..; CONTINUED ON ATTACHMENT: X YES SIGNATURE ?ti RECOMMEN©ATIC#N OF COUNTY ADMINISTRATOR __RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON o APPROVED AS RECOMMENDED 77 -' V, TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND -A—UNANIMOUS(ABSENT .g CORRECT COPY OF AN ACTION TAKEN AND AYES NOES ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON TME DATE SHOWN f Contact: P. Roche,CDD-AP(925)335.1242 ATTESTED �' r ' cc: Community Development Dept, JOHN SW i ET CLERK OF THE BOARD OF CAC? SUPERVISORS AND COUNTY ADMININISTRATOR County Counsel County Assessor(via CDD) CA Dept.of Conservation(via CDD) BY DUTY Michael Rountree(via CDD) September 14,2044 Board of Supervisors County File:AP#04-4003 Page 2 BACKGROUNDIREASONS FOR RECOMMENDATIONS Michael and Marianne Rountree, the owners of a 81-acre parcel comprised of APN 006- 220-006, located along Collier Canyon Road in the Tassajara area, have applied to place the acreage they own into a new Land Conservation Contract. Assessor Parcel No. 006- 080-006 was originally placed under Land Conservation Contract No.6-72 established on January 18, 1972 between the County and Rosie Vargas. The Rountrees', having recently acquired APN 006-220-006, intend to continue agricultural uses on the property, but they wantto establish a single family residence and new agricultural uses and related structures on the property that are not currently reflected in the original Land Conservation Contract signed between the County and the then owner, Rosie Vargas. The Rountrees' desire to rescind the existing Land Conservation Contract No. 6-72 only for their property for the purpose of entering into a new Land Conservation Contract with the County. The subject parcel is a designated remainder from a minor subdivision approved by the County in 1994 which subdivided a 161 acres parcel, formerly APN 006-220-001, into two parcels of 81 and 80 acres, respectively (County File: MS#2-94). Attached as Exhibit "A" is a copy of a Board Resolution rescinding Land Conservation Contract No. 6-72 for the 81 acres comprised of APN 006-220-006 and approving a new contract, listed as Land Conservation Contract No.04-0003 with Michael and Marianne Rountree. Attached as Exhibit"Bn is new Land Conservation Contract No. 04-0003 with Michael and Marianne Rountree. Attachments t21 Exhibit"A" Resolution rescinding Land Conservation Contract No.6-72 as to APN:406-220-006 and approving new contract, Land Conservation Contract No.04-0003. Exhibit"B" new Land Conservation Contract No.04-0003 with Michael and Marianne Rountree for APN 006-220-006 D:\PatdOsoche"DVNYLAN�LMOCON5\ap94W03rour*eeWar9order.doc ......._. ......... ......... ......... ......... ......... _.. ... ....... ..................._..... ..._..__. ......... .._...... .._...... ......... ......... ......... .........._._.__ ......._.... ......_....... ......... ......... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on Tuesday,September 14,2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NIOM ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/491 SUBJECT: LAND CONSERVATION CONTRACT NO. ) AP 04-0003 ) The Board of Supervisors of Contra Costa County RESOLVES that: 1. Parties. BY THIS CONTRACT, made and entered into the 14`x' day of September, 2004, Michael and Marianne Rountree 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 and to compatible uses specified in this agreement in order to discourage premature and unnecessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the preservation of such land in agricultural production constitutes an important physical, social, aesthetics 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 term, conditions and restrictions of this Contract be in accordance with the California Land Conservation Act of 1965,as amended,so as to be an enforceable restriction under the provisions of Division 1,Part 2,Chapter 3,Article 1.5 of the California Revenue and Taxation Code(Rev.&Tax Code § 421 et. seq.). 5. Intent of Parties: Effect onPraperty Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XIII, § 8 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. This Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part I of Division 1 of Title 5 of the California Government Code commencing with Section 51200). This Contract further is made pursuant to and subject to Contra Costa County Ordinance Code,Chapter 84-42 and Chapters 810-2 through 810-4, and Resolutions of the Contra Costa County Board of Supervisors Numbers 69-753 and 2004-122. 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 Chapter 84-42, which is f f 1 � _...... ......... ......... ......... ......... ......... ......... .11.11 ........ ......................._.. ._....... ........... ._.__.... ......... ......... ......... ......... .............._1111 .............................. hereby incorporated by reference as if fully set forth herein;provided,however,that such additional agricultural or compatible uses as are set forth in Exhibit B,which is attached hereto and is hereby incorporated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency between 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. 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 Chapter 84-42, add to those uses listed in said ordinance. Such additional uses shall be limited to commercial agriculture and compatible uses and be subject to the density restrictions of Government Code§ 51220.5. Said board shall not eliminate,without written consent 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 commencing on the last day of December, 2004, and shall remain in effect for a period often (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 December 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. At all times during the continuance of this Contract, as from time to time renewed,there shall be a ten (10) year term of restriction unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. (a)Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land described in Paragraph 2 maybe canceled 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 not inconsistent with the purposes of the Land Conservation Act, or in the public interest, pursuant to Government Code Section 51282. 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. (b)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 the greater of twelve and one- half(12 ''V2%)percent or the current fee provided by state law 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. (c) Final cancellation shall be effectuated in accordance with the provisions of Government Code Section 51283.4. 11. Cancellation Upon Substitution of New Restrictions.This Contract may be canceled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restriction authorized by Article XIII, § 8 of the California Constitution. 12. Eminent Domain Proceedings. (a) In accordance with the provisions of the Government Code Section 51295, incorporated by reference herein,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 public agency for a public improvement,the provisions of this Contract shall be null and void as to the land so condemned or acquired. 2 2004/491 (b) 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,subject to the cancellation provisions of Government Code Section 51295. 13. Remedies for Breach of Contract. (a) in the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach to render the use of land or substantial portion thereof unfit for 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 Assessor on the lien date next following the date of breach, as liquidated 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. (b)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 Chapter 84-42 or this Contract. 14. Effect of Division of Property. Owner agrees that division of the property described in Exhibit A into two(2)or more parcels,whether by sale, gift,by operation of law or by any other means, 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 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 obligations of the heirs,successors and assigns of Owner as established in Section16. 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 inconsideration 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 the Assessor may require to determine the valuation of the Owner's land. 19. Effect of Removino 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. 3 i 2004/491 ATTEST: COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: - By: eputy Cler C air,Board of Supervisors ......... ......... ......... ......... ._....._. .. ....... ....._....... ......... ......... ......... ......... ......... ......... ......... _. . ._..__._. ......_.. ......... ......... ......... .................. ... ....................................................................... r f CALIFORNIA ALL-PURPOSE ACKNOWLEDG'ME'NT State of California ,. ss. County ofV - C 0 S . On �+':1..., '` ` before me, Date Nand Ttle of Oiticer(e.g.,"Jane Doe,No rY Pub ) personally appeared 14, 'fir: ' ' Name(s)of Signer(s) X❑ ersonally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) X/are subscribed to the within instrument and ' 0, ARE J, QELLAR acknowledged to me that hsl lthey executed COAAM.N 1503250 the same in histhrer/their authorized 2 cm �3 capacity(ies), and that by hisih /their �M E,gdntly OR signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' �i W17; and and ictal Place Notary Seat Above Signature o4 Nbtary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documentj Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: C Individual Top of thumb here C Corporate Officer—Title(s): ❑ Partner—❑Limited Cl General 0 Attorney in Fact G� Trustee Ell Guardian or Conservator Other: Signer is Representing: 3 :�.: - � -�.s�'>=�;�;r�- � ='�'-- - _'�.�c' ���-.�.�.�-_�c.��c.�_ ._� :�_: _. - �c`�.-•vim-,vim--4:�� s��.�,Q- '�, a toga national Notary Association•93SO Da Soto Ava.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonalrtotaryorg Prod.No.5907 Reorder.Call Toll-Fres 1.860.876.8927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ri-'t ( 7 County of �. On before me, f Data ame and Tltw of o r ( ,Notary Public") personally appeared N&I h, a a Name{s)of sigrter(s) "-0ved to me on the bas's oJ4atisfactory evidence to be the per-sa 1 whose nam t subscrib the within instrument `� and ac wledged to the the y executed the 2Y �mt� &ear uthorized capac" ), and,t t by r SlgnatLan the instrument the' BiS DIANA L.CROSS or the entity upon behalf of which the personkt)zacted, COMM. #1327605 " NOTARY PUBLIC-CALIFORNIA executed the instrument, CONTRA COSTA COUNTY My f ornrn.Fxpfras November;21,2005 WITNESS my hand and official seal, F> � Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. �J r` Descri •car# of Attached Document ' Title or Typo of rnent: , 'P )) T; 4� Document Baia: Number of Pages: Signer(s) Other Than Named Abov . ' Capacity(ies) Claimed by Signer{s Signer's Name: igner's Name: ❑ Individual D in ual O Corporate Officer D Corpor Officer Title(s): Title(s): ` ' Il Partner'----D Limited ❑ General D Partner—' -❑ L ted J General 4 !�a ❑ Attorney-in-Fact CC:] Atttarney-in-Pact D Trustee ❑ Trustee ❑ Guardian or Conservator " ❑ Guardian or Conservator ❑ Other: Top of thumb fere ' 1] Other: Top of thumb here Signer Is Representing: Signer Is Representing: Mn i 4' -4.`�cG ��.;.•t, �`ew.�;,_.V,s/.i�,._• .�.�`�0 ✓ �`�._-`'�i'r_'��C"`�4t�i_-`'`�.�.t.`�:~ .�E•�>:4�^�-'v��c_',�.'w'�G:`'T'"C� `vC:'.�-_.Y�i`�/v=-4�✓ c `�;`�✓9.'tia:?� ti 1393 Nzt[or at Nafery Asscctaticsn•6236 Pemmet Ave.,F.U.Bax 7164•Canoga Park,CA 81309-7164 Prad.No 5907 Reorde r:Call W Free 1-800- 76-6827 _.. _.... ......... ......... ......... ......... ......... ......... ...._.... ............ _._...... ......... ......... ......... ......... ......... .._...... ........... ......... ......... ......... ......... __ _ _ .............................. CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 04-0003 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. ......... ......... ......... ......... ......... ......... ......... __.._._. ... . .. ._... ....__.... __.._........ ......_.. ......... .._...... ......._........_.......... ........ ......... ..._..... ......... ......... e J Order i, ..oer: 358793cc Page Number: 4 295944 LEGAL.DESCRIPTION n the Cityni r , county or Contr-a-Costa, State of Califomia, described as follows: That portion of Lot 21, lying in Contra Costa County, as said Lots are shown and delineated on that certain Map entitled, "Hoiland Ranch", Contra Costa County,Cat, filed on the 4th day of March, 1918 in Map Soak 16, Page 347, in the Office of the County Recorder of the County of Contra Costa, State of California. EXCEPTING THEREFROM: 1)All of the above described property such portions thereof, if any,as Ire within the Imes of public roads, 2)That certain parcel conveyed to Edward M. Vargas and Florence O.Vargas by Deed recorded August 1, 1995 in Series No. 95-125302 being more particularly described as follows: Parcel "A",as shown on the Map of Minor Subdivision M.S. 2-94,fled August 1, 1995, Book 167 of Parcel Maps, Page 9,Contra Costa County Records. APN: 006-220-006-8 Ego c Ir First American 7itie AIN __..... ......... ......... ......... ......... ......... ......... . .._........... . ......... ......... ......... ......... ......... ......... ........ ......... ......... ......... ......._. _..... ......... ......... CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 04-0003 EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 84-42.402 (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 conformance to those authorized by Section 84-42.402(1)and Section 84-42.404 but shall be subject to Section 84-42.602 through Section 84-82.1402 of Chapter 84-42 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 Chapter 82-8: None. 2. Existing Conforming Structures None. 3. Proposed Structures Residences: One single-family residence (primary residence) and a second residence for agricultural labor(agricultural labor housing). Agricultural Related Structures: Barn, Equipment Shed, Stable, and Corral. 4. Existing Land Use Grazing and Farming. 5. Proposed Land Use Raising livestock, including cattle, sheep, and/car horses, and dry land farming. b. Existing Use Compatible with Acultural Use Grazing and Farming. 7. Proposed Use Compatible with Ag dculturai Use: Raising livestock, including cattle, sheep, andlor horses, and dry land farming. RESOLUTION 2004/Y�;/ 7