HomeMy WebLinkAboutMINUTES - 02281995 - H.4 f'eeortlrrrq i?t,ques ED A RE fi
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CONTRA COSTA COUNTY RECORDS
STEPHEN L WEIR
COUNTY RECORDER
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Document Title(s) \
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. WHEN RECORDED RETURN H. 4
T0, CLERK,
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BOARD OF SUPERVISORS !_"' -
J : -------- ----- - - -- -- ----- _ ..: .� Contra
TO: BOARD OF SUPERVISORS n,' _ Costa
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FROM: HARVEY E. BRAGDON d s County
DIRECTOR OF COMMUNITY DEVELOPMENT '• ~ `,T �o
DATE: February 7 , 1995
SUBJECT: Hearing on proposed Agricultural Preserve Contract (AP#1-94) and
related rezoning request by Clement and Sharon Viano (RZ943019) for the
11.7. acre Viano Property. Subject property is located west of the city
boundary of Martinez and 430' south of AT & SF Railroad track from
General Agricultural .District (A-2) to Agricultural Preserve District
(A-4) in the Martinez area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as adequate; Co
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2 . Authorize the Board Chair to execute the , requested 0
Agricultural Preserve Contract; w
3 . Direct the Clerk of the Board to record the contract;
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4 . Adopt the proposed rezoning of the 12 acre site from General N
Agricultural (A-2) , to Agricultural Preserve, (A-4 ) ;
5. Adopt the Planning Commission's reasons or findings as set
forth in its Resolution No. #35-1994 as the determinations for
these actions;
6. Introduce the ordinance giving effect to the aforesaid
rezoning RZ943019 , waive reading and set date for adoption of
same.
7 . Direct staff to post a Notice of Determination.
FISCAL IMPACT
County tax revenues from this parcel would be reduced in accord
with the State legislative program. The State of California would
partially offset this loss by subvention payments to the county.
CONTINUED ON ATTACHMENT: X YES SIGNATURE &yf\
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON February 28 , 1995 APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the Board for hearing on
the above matter and no one appearing to testify, IT IS BY THE BOARD ORDERED
that the above recommendations are APPROVED.
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:Rose Marie Pietras
Orig: Community Development Department ATTESTED February 28 , 1995
cc: Assessor's Office PHIL BATCHELOR, CLERK OF
Clement and Sharon Viano THE BOARD OF SUPERVISORS
Recorder COU ADMINISTRATOR
BY , DEPUTY
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BACKGROUND/REASONS FOR RECOMMENDATIONS
The property is located adjacent to two parcels in a Land Q
Conservation Agreement, #5-69 , dated January 16, 1969 . The owner W
operates a winery on the property. To the east of this property in
the City of Martinez is P.G. & E. land.
The applicant ' is requesting to add an 11. 7 acre parcel into the
County Agricultural Preserve Program. The County program requires
a rezoning from A-2 (1 unit per 5 acres) to A-4 (1 unit per 20
acres) .
The rezoning went to the County Planning Commission on September
20, 1994 . The Commission recommended approval and continued the
project to October 10 , 1994 to adopt findings. On October 10, 1994
the Commission adopted findings made by staff and recommend
approval of RZ943019 .
_BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
WHEN RECORDED RETURN '
TO CLERK,
BOARD OF SUPERVISORS
Re: Establishing Agricultural )
Preserve No. 1-94 , and ) RESOLUTION NO. 95/75
Authorizing Land Conservation )
Contract(s)
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The Board of Supervisors of Contra costa County RESOLVES THAT:
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In accordance with County Ordinance Code, Section 810-2.202, and California WIV
Government Code, Section 51230, this Board if authorized to establish lands within the
County as Agricultural Preserves; and
In`accordance with County Ordinance Code, Section 810-4.202, 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 submitted,reports) of the Planning Commission and
the Community Development 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. 1-94
Owner Aralication No.
Clement A. Viano and RZ943019
Sharon A. Viano
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 by the Board this 28 day of February 1995
AYES : Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN None
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED February 28 , 1995
Contact: Rose Marie Pietras PHIL BATCHELOR, CLERK OF
Orig: Community Development Department THE BOARD OF SUPERVISORS
C.C.: Assessor' s Office A� COUN ADMINISTRATOR
BY ° , DEPUTY
RESOLUTION NO. 95/75
WHEN RECORDED RETURN
I
TO CLERK,
3 BOARD OF SUPERVISORS
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 28 1995, by the following vote :
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES : None C
ABSENT: None W
ABSTAIN: None G.?
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SUBJECT: Land Conservation Contract ) Resolution No. 95/75
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The Contra Costa County ,Board of Supervisors Resolves :
1 . Parties . BY THIS CONTRACT, made and entered into the 28
day of February 19 95 , Clement A. Viano and
Sharon A. Viano
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 terms, 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 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 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 1 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
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810-2 through 810-4, and Resolutions of the Contra Costa County
Board of Supervisors Numbers 69/763 and 95/75
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 hereby incorporated by
reference as if fully set forth herein; provided, however, that W
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 (,J
conditions set forth therein. In case of conflict or N
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 February , 1995 , 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 . 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 may be 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 § 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%-.) 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.
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(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. Q
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12 . Eminent Domain Proceedings . (a) In accordance with the M
provisions of the Government Code § 51295, incorporated by co
reference herein, upon the filing of any action in eminent domain N
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 public
improvement, the provisions of this Contract shall be null and
void as to the land so condemned or acquired.
(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 is to render the use of
land or a substantial portion 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 (1000) 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, 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 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
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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
Section 16 . (�
16 . Contract to -Run with Land. The within Contract shall
run with the land described herein, and, upon division, to all Q
parcels created therefrom, and shall be binding upon the heirs,
successors, and assigns of the Owner.
17. Consideration. Owner shall not receive any payment W
from County in consideration of the obligations imposed N
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 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
PHIL BATCHELOR, County Administrator
and Clerk of the Board of Supervisors
BY b BY
De uty Clerk Chair, Board' of 9upervisors
Orig. Dept:
cc:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
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State of 1�
County of I 1ne.,Aa
On �nu.aKtl d�, ���2 before me,
ATE NA E,TITL OF OFFICER-A,"jANDOE,NOTARY PUBLIC-
rpersonally appeared 1� 2 Y11 V 1d� o, n')1(1Q Shd�('f)Y) � �)mp W
NAME(S)OF SIGNER(S)
�. personally known to me OR - ❑ proved to me on the basis of satisfactory evidence W
to be the person(s) whose name(s) i,s/are
subscribed to the within instrument and ac=
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
OFFICIAL SEAL or the entity upon behalf of which the
KATHY M.SACCHI person(s) acted, executed the instrument.
Notary Public-California
ALAMEDA COUNTY
My Commission Expires
March 13,•1995 WITNESS.my hand and official seal.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
❑ CORPORATE OFFICER
hEJ►1 TITLE
EUUU111OR TYPE OF
IIIF"'DOCUMENfTC1T
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE O OCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
OWNER,/
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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:.
Victor J. Westman, County Counsel NOTE: All signatures
for Owner must be
acknowledged.
By: (/�/��
Deputy
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 1-94
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EXHIBIT A Ca
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PROPERTY DESCRIPTION ZV
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 2 pages,
attached hereto and incorporated by reference,herein.
1-
LEGAL DESCRIPTION
The land is situated in the County of Contra Costa, in the unincorporated area, State of
California, and is described as follows: CD
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PARCEL ONE: W
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Portion of the Vine Hill Homestead Tract in the Rancho Las Juntas, described as follows:
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Beginning at the southwest corner of the tract of land conveyed by Vincent Hook and Elizabeth
B. Hook to G.T. Kean by Deed Dated August 13, 1896, and recorded August 17, 1896, Volume
73 of Deeds, page 170, in the office of the County Recorder of the County of Contra Costa,
California;thence north 304.92 feet to station from which a white oak tree 2 feet in diameter
bears south 55° 15' east 14.52 feet distant; thence north 28° east 613.14 feet to station at the
northwest corner of the aforesaid tract: thence north 53° 45' west 232.98 feet to station;thence
north 77°30' west 496.32 feet to station on the eastern boundary line of the Kelly Tract; thence
south 0° 30' east along the eastern boundary line of the Kelly Tract 1092.96 feet to station at the
northwest corner of the E.A. Kean Tract;thence east along the northern boundary line of the E.A.
Kean Tract, 379.50 feet into the first mentioned point and place of beginning.
EXCEPTING FROM PARCEL ONE:
That portion thereof lying within the parcel of land described in the Deed to The United States of
America,recorded January 9, 1940, Book 528, Official Records, page 450.
PARCEL TWO:
Portion of the Vine Hill Homestead Tract in the Rancho Las Juntas, described as follows:
Beginning at a point in the northeasterly line of the 11 acre parcel of land described in the Deed
from J.A. Silvia et ux to Tony Rose, et ux dated September 28, 1927 and recorded September 30,
1927 in Volume 90 of Official Records, at page 451, said point being north 53° 47' west along
said northeasterly line 205.4 feet from a point which is the terminus of a course bearing south
53°45' east, 3.98 chains and the beginning of a course bearing south 14° east, 5.0 chains to
station, as described in said Deed, (90 OR 451); thence from said point of beginning, south 53°
47' east, along said northeasterly line 33.6 feet; thence leaving said line south 78° 04'west 758.2
feet to the west line of the 11.60 acre parcel of land described in said Deed (90 OR 451); thence
north 0° 25' west, along said west line 25.5 feet to a point, said point being south 0°25' east along
said west line 430.9 feet from the most northerly corner of said 11.60 acre parcel of land; thence
continuing from said point, north 0°25' west, along said west line 25.5 feet; thence leaving said
line north 78° 04' east 703.3 feet, to the northeasterly line of said 11 acre parcel of land first
above referred to; thence south 53° 47' east along said northeasterly line, 33.6 feet to the point of
beginning.
RESERVING FROM PARCEL TWO:
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Rights reserved in the Deed from The United States of America, recorded September 2, 1971, C11
Book 6469, Official Records, page 502, as follows: Q
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"RESERVING TO THE UNITED STATES, pursuant to the provisions of the Act of August 1,
1946 (60 Stat. 755, 42 U.S.C., 1801, et seq.), all uranium, thorium or any other material which is W
or may be determined to be peculiarly essential to the production of fissionable materials, N
whether or not of commercial value,together with the right of the United States through its
authorized agents or representatives at any time to enter upon the land and prospect for, mine,
and remove the same."
PARCEL THREE:
Portion of the Vine Hill Homestead Tract in the Rancho Las Juntas, described as follows:
Beginning at a found 1 1/2" iron pipe at the most northerly corner of that certain parcel of land
described in the Deed to G.T. Kean,recorded August 17, 1896, in Book 73 of Deeds, at page
170, in the Office of the County Recorder of Contra Costa County, California; at the north line of
parcel of land described as Parcel One in the Deed to Clement A. Viano, et ux, recorded
November 3, 1976, in Book 8076, at page 204; thence from said point of beginning along the
- north line of said Viano Parcel, north 53° 45' 00" west, 232.98 feet and north 77°30'00" west,
496.32 feet; thence north 0°30'00" west, 1.50 feet; thence south 77° 30' 00" east,497.33 feet;
thence, south 54°26'52" east, 232.30 feet; thence, south 28°00'00" west,4.50 feet to the point of
beginning.
(Being APN 161-250-011)
viano-km.wpd
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 1-94
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 C�
and conditions set forth below. Said uses and structures GJ
shall be in conformance to those authorized by Section 84- Q7
42 .402 (1) and Section 84-42 .404 but shall be subject to CO
Section 84-42 . 602 through Section 84-42 . 1402 of Chapter 84- C
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
ONE Residence with related agricultural buildings :
4 . Existing Land Use
General Agriculture (A-2) .
5 . Proposed Land Use
Agricultural Preserve (A-4) .
6 . Existing Use Compatible with Agricultural Use
Grazing Land.
7 . Proposed Use Compatible with Agricultural Use :
Grazing Land & Vineyards .
DJS\a:\1and.con
END OF DOCUMEDl 7