HomeMy WebLinkAboutMINUTES - 10121999 - D2 TO- BOARD OF SUPERVISORS
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FROM: DENNIS . BARRY, A'CPosta
COMMUNITY DEVELOPM, DIRECTOR �-
DATE- October 12, 1 Og
€ BJECT: Approval sof a joint Management Agreement pursuant to State Law Section 66474,4 for subdividing a 98.
acro parcel into three (3) parcels with a variance to minimum parcel dimensions (Parcel A proposed 5.8
t gross acres, 40 acre minimum um requir d).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
R E Q Q M MEl_QAT1ON
Adopt the Litigated Negative Declaration Determin tion for purposes of compliance with
CEA,
2. Adopt the proposed Mitigation Monitoring Program.
Adopt the foilowing findings:
A� Variance Findings.
1. Adopt a finding that the proposed Parcel A will not be a grant of special
privilege inconsistent with the limitations on the properties to the east of the
project site consisting of 5+1- acres and the respective lard use district(A-40
Exclusive Agriculture) in which the subject property is loc ted.
CONTINUED ON ATTACHMENT: i YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR —_ RECOMMENDATION 0P BO%RD COMMITTEE
APPROVE EITHER
I NATUR Sln
ACTION OF BOARD O c=Lgj 1 a o APPROVED AS RECOMMENDEDOTHER
VOTE OF SUPERVISORS
lie p��lic hearing;eras OPENT ED,�-�d Eric Hasseltine,s 182 Old'funnel Road,Lafayette,for Applicants,cffem cz�n�ter�ts;no one
else desiring to speak,tw e hearing was CLOSED,and°,die Beard took the following action: APPROVED the staff's reconarendataons
as listed.
I HEREBY CERTIFY THAT THIS IS A TRUE
XXUNANIMOUS(ABSENT #rV AND CORRECT COPY OF AN ACTION TAKEN
AYE � NOES- AND ENTERED ON THE MINUTES OF THE
A k-T ABSTAIN: BOARD OF SUPERVISORS O THE A
_ ICI .
Contact: (9251335-1216) Rose Marie Pietr s ATTES TFI�
CC Community Development Department PHIL BATCHELOR,CLERK OF
leather Baiienger, Public Works THE BOARD OF SUPERVISORS
Wilber:& Helen. Perry AND COUNTY ADMINISTRATOR
B DEPUTY
2. Adopt a finding that the unique circumstances applicable to the subject
property because of its shape, topography, location and surroundings, the
strict application of the respective zoning regulations is found to deprive the
subject property of rights enjoyed by property owners to the east.
I Adopt a finding that the authorization of this variance will meet the intent and
purpose of the respective land use district in which the subject property is
located.
B. Joint Management Agreement Findings:
1. Adopt a finding that prior to filing a parcel map the applicant will be required to
enter into a joint management agreement pursuant to Section 61230.1 of the
California Government Code to provide that the parcels which are jointly
managed total at least 40 acres in size.
C. Minor Subdivision Findings:
1. Adopt a finding that MS9600 1 is consistent with the County General Plan,
the Subdivision Map Act and the land Conservation Contract Resolution
#73/66.
4. As recommended by the County Planning Commission, approve lV1S9660 1 subject to the
attached conditions of approval and subject. to the following revision to Condition 4.
'Concurrent with the recordation of the parcel map, the applicant shall record a written
agreement for joint management of the three parcels in accord with California
Government Code Section 61233.1 as a deed restriction to all three proposed
parcels.
6= Authorize the initiation of the joint management agreement stamp dated December 24, 1998
pursuant to California Government Code Section 66474.4 Subsection (b)(1).
6. Direct the Clerk of the Board to record with the County Recorder a copy of the Joint
Management Agreement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The approval of M8960001 requires the granting approval of a variance to parcel size and is
contingent on the Board of Supervisors' approval authorizing a joint manage,"nt agreement
pursuant to California Government Code Section 66474.4 (Refer to attached County planning
Corr,missi on staff report dated April 13; 1999).
The applicant submitted a notarized Joint Management Agreement stamp dated received on
December 24, 1996, signed by the owners lir. and Mrs. Wilbert Perry and their three descendants,
i.e. Thomas Perry, Bonnie Teixeira and James Peml. (Refer to Exhibit A in attached County
Pianning Commission staff report dated April 13, 1999).
s:.rn pVr,s960001.we
RESOLUTION NO. 23-1999
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNT17 OF CONTRA
COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND
REC -NDATIONS ON THE' APPROVAL OF A JOINT MANAGEMENT
AGREEMENT BY WILBERT AND HELEN PERRY (APPLICANTS) AND (OWNERS),
PURSUANT TO STATE LAM' SECTION 66474.4 FOR THE PURPOSE OF SURD ISG
98.6 ACRES INTO THREE (3)PARCELS WITH A VARIANCE TO MwMUM PARCEL
SIZE (PARCEL A PROPOSED 5.8 GROSS ACRES; 40 ACRE MINIMUM REQUIRED)
WHEREAS, a request by Wilbert and Helen Perry(Applicants and Owners)to subdivide 98.6
acres of land in three(3)parcels in the Tassajara area with a variance to minirnurn parcel size(Parcel
A proposed 5.8 +f® gross acres- 40 acre minimum required)was received on January 10, 1-996; and
-WHEREAS, in connection with applicant's requests, an Initial Study of Environmental
Significance was prepared by the Community Development which deter-mined that the requested
entitlements would not have any significant adverse environmental impacts; and
WHEREAS,for purposes of compliance with the provisions of the California Environmental
Quality Act and the State and County CEQA guidelines, a Mitigated Negative Declaration of
Environ-rental Significance was prepared, posted and circulated; and
ValEREAS, after notice having been lawfully given, a public hearing was scheduled before
I ha.111 persons interested might appear
the Planning Commission on Tuesday, August 11, 1 998,wlereat
and be heard; and was continued to a later date; and
WHEREAS, on Tuesday, April 13, 1999, the County Planning Commission having fully
reviewed, considered and evaluated all the testimony and evidence submitted in this-matter;
Further, the Commission makes the following findings with respect to MS960001:
A. Variance FiadLtn
gL
1. That any variance authorized shall not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and the respective land use district in which
the sUbject property is located.
Parcel A will not be a grant of special privilege inconsistent with the limitations on the
properties to the east of the project site consisting of 5+1- acres and the respective land use
district (A-40 Exclusive Agriculture) in which the subject property is located.
2. That because of special circumstances applicable to the subject property because of its size,
shat)e, topography, location or surroundings, the strict application of the respective zoning
regulations is found to deprive the subject property of rights enjoyed by other properties in
the vicinity and within the identical land use district.
That the unique circumstances applicable to the subject property because of its shape,
topography, location and surroundings, and strict application of the respective zoning
regulations is found to deprive the subject property of rights enjoyed by property owners to
the east.
3. That any variance authorized shall substantially meet the intent and purpose of the respective
land use district in which the subject property is iocated. Failure to so find shall result in a
denial.
The authorization of this variance will meet the intent and purpose of the respective land use
district in which the subject property is located.
�n �rm�F i n,
0 enter. into a joijnt
1
That prior to filing a parcel map the applicant will be required +
management agreement pursuant to Section 51230A of the California Government Code to
provide that the parcels which are Jointly managed total at least 40 acres in size.
C. �,finor lubLY'15iihn�n L
T
hat.MS960001is consistent with th the County General Plan,the Subdivision Map Act. and the.
Land Conservation Contract Resolution 473/66.
NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission
recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the
request of Wilbert and Helen Perry (Applicants and Owners) for a Joint Management Agreement be
approved pursuant to State Law Section 66474.4 for the purpose of subdividing a 98.6 acre parcel
into three(3)parcels with a variance to nuinimum parcel size (Parcel A proposed 5,8 =/- gross acres;
40 acre indrd-mum required). That the Board of Supervisors direct the Cleek of the Board
to record with the County Recorder a copy of the Joint Management Agreement.
BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows:
1. The approval MS960001 requires the granting approval of a variance to parcel size
and is contingent on the Board of Supervisors' approval authorizing a Joint Management Agreement
pursuant to State Law Section 66474.4.
Resolution #2311999 Pare 20
BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission
shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board
of Supemsors, all in accordance with the Planning Laws of the State of California.
The instructions by the Planning Commission to prepare this resolution was given by motion
of the County Planning Commissions on Tuesday, April 13, 1999, by the following vote:
AYES: Commissioners-7 Pavhnec, Clary, Caddis, Hanecak, Kimber, Terrell, Wong
NOES: Commissioners n
ABSENT: Commissioners e 0
STAT: Commissioners a
Joann Pavlinec
Clair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
'v DENNIS TM. BARRY, Secretary
County of Contra Costa,
State of California
€. —his application is approved, generally as shown on the Vesting Tentative Map
received:' arch 20, 1997 by the Community Development Department for 3 lots on.
the 98.57 acre site, Unless otherwise indicated, the following conditions of approval.
require compliance prior to filing the Parcel Map.
Additima E
2. This application is subject to an initial application fee of$5,700.00 which was paid
with the application submittal, plus time and material costs if the application review
expenses exceed 120%of the € . fee. Any additional fee die mush:be paid within
60 days of the permit effective date or prior to use of the permit whichever occurs
first. The fees include costs through permit issuance plus five working days for file
preparation. You may obtain current costs by contacting the pro'eet planer. if you
orae additional fees, a bill will be sent to you shortly after permit issuance.
3. approval is granted to allow for a variance to parcel size that meet requirements of
Section 265-2.2006 of the County Ordinance Code as follows:
40 acres required by zoning ordinance
5 acres approved
William,on
zt sol I a ent � ree�ent
4. Concurrent with the recordation of the parcel reap, the applicant shall record a written
agreement for joint management of the three parcels in accord with California
Goverment Cade Section 51230.1 as a deed restriction to all three proposed parcels.
elopr�t ` t
5. The applicant shall grant development rights to County for tern (10) years for all the
property outside the clustered two-acre building sites.
Rat-aehette =t
. 1n order to preserve agricultural lands, the County ranehette policy shall apply to this
project requiring that the building sites be reviewed and approved by the honing
2
Administrator prier to issuing a building permit. This shall be noted as a deed
restriction on each parcel.
7. Prior to filing the Marcel ?map, the project sponsor shall comply with the policy
criteria for subdivision of lands within agriculture and open space General plan
categories adopted by the Beard of Supervisors March 15, 1983, and included in the
Contra Costa County General play adopted January 1991.
A. Each parcel shall have an "on-site" producing water well or a "test well" shall
be installed with a minimum yield of three gallons per minute with bacterial
and chemical quality in compliance with the state standards for a pure,
wholesome and potable water supply(Title 11, Section 6443). If the chemical
analysis exceeds the state standards for "maximum urs contaminant levels", for
water potability, a statement roust be attached and "run with the property
deed" advising of these levels; or
B. The project sponsor shall have verifiable water availability data,from adjacent
parcels or knowledge of the same, known by the Health Services Department
concerning water quality and quantity per 1. above; and
Include a statement that "attaches and runs with the deed" indicating that a
water well shall be installed on the subject parcel complying with the general.
requirements stated above prior to obtaining a Building Inspection Department
permit for construction.
C. In addition to the above, a hydra-geological evaluation shall be required in
known or suspected water short areas. This will include seasonal as well as
yearly variations.
D. The land shall be suitable for septic tank use according to the County
Ordinance Code criteria and Health Services Department regulations.
Percolation tests shall pass on all proposed lots prig to filing of the parcel
Map.
E. Adequate fencing of an inconspicuous design shall be required to contain
domestic animals with all gates easily closed when, necessary. fencing shall
be installed prior to issuance of building permits.
3
. The following statement shall be recorded at the County Recorder's Office for each
parcel to notify future owners of the lots that they own property in an agricultural.
area:
P'This document shall serge as notification that you have
purchased land in an agricultural area where you may regularly
find fain equipment using local roads; fhnn equipment causing
dust; crop dusting and spraying occurring regularly, burning
associated with agricultural activities; noise associated with
farm equipment and aerial crop dusting and certain annuals and
flies may exist on surrounding properties. This statement is,
again notification that this is part of the agricultural way of life
in the open space areas of Contra Costa County and you should
be fully aware of this at the time of purchase.
W%-,tlands
9e Prior to recording the Parcel 'dap, the applicant is required to obtain a U.S. ,army
Corps of:engineers permit for filling water of the United States for future projects on.
the site which could affect wetlands under Section 404 jurisdiction of the U.S. Anny
Corps of Engineers. The statement must he attached and "run with the property deed"
advising future property owners of this condition.
r inaa
10. Prior to recording of the Parcel leap, the applicant shall submit a drainage study. The
applicant is required to agree to all mitigations recommended in the drainage study
i.e., such as installation of adequate drainage facilities to avoid potential impacts that
would damage the roadway or property,). If the applicant has activities that affect the
bed and hark of the creel, a Streambed Alteration Agreement with the California
Department of Fish & Game is required.
l�Lde �fica�on
z t. Pursuant to Government Code Section 66474.9, the applicant (including the
subdivider or any agent thereof) shall defend, indemnify, and hold harmless the
Contra Cosa County Planning Agency and its agents, officers, and employees from
any claim, action, or proceeding against the Agency (the County) or its agents,
officers, or employees to attack, set aside, void, or annul, the Agency's approval
concerning this subdivision neap application, which action is brought within the time
period provided for in Section 66499.37. The County will promptly notify the
4
subdivider of any such clam, action, or proceeding and cooperate fully in the
defuse.
bnQr eyi i a plate
12. At least 60 days prior to filing a parcel Map, issuance of grading permits or issuance
of a building permit, a revised site/grading plan and related documents shall be
submitted for the review and approval of the Zoning Administrator. The submitted
plan shall provide for 3 bots.
Archaeoloav
3. Shordd archaeological materials be uncovered during grading, trenching or other on.-
site excavation(s), earthwork within 30 yards of these materials shall be supped until
a professional archaeologist who is certified by the Society of Professional
Archaeology (SOPA)has had an opportunity to evaluate the significance of the find
and suggest appropriate mitigation(s), if deemed necessary.
A. hi the event that any road improvement projects uncover any of the types of
archaeological materials, the applicant shall halt the work within 50 feet of any
discovery until a qualified archaeologist is retained to inspect the discovery.
If intact archaeological deposits are identified inside construction areas, it will
be the responsibility of the archaeologist to devise a plan for the evaluation of
the scientific importance of the discovery prier to the development and
implementation of mitigation plans to resources in construction zones. This
statement shall be recorded with the Parcel Map.
14. p ee oma; The following requirements shall be met prig to filing a
Parcel Map or issuance of a building permit as specified below
A. prig to filing a parcel Map, the applicant shall submit two copies of a
proposed disclosure statement for the review and approval of the Zoning
Administrator. The approved statement shall be used to notify prospective
buyers of parcels which are not occupied by existing legally-established
residences at time of filing the tentative map application, The disclosure
statement shall advise prospective buyers of affected parcels that prior to
issuance of a building permit they will be required to contribute to the County
$I,000.00 for police services mitigation. The fee maybe paid.to the Contra
Costa County Application & permit Center.
5
& Prior to issuance of a building permit on any parcel that is not occupied by a
legal residence, the applicant shall contribute $1,000.00 to the County for
police services mitigation. The fee shall be paid to the Contra Costa County
Application & Permit Center.
orlot of
Applicant shall comply with the requirements of 'Title 8, 'Title 9 and Title 10 of the
Ordinance Code. Any exceptions must be stipulated in these Conditions of Approval.
Conditions of Approval are based on the plan submitted on larch 20, 1997.
COMPLY WITH THE FOLLOWING ING CONDI `IO S OF APPROVAL PRIOR TO
FILING OF THE PARCEL MAP:
General Requirements:
ents:
15. Applicant shall submit improvement plans prepared by a registered civil engineer to
Public`works and pay appropriate fees in accordance with the County Ordinance and
these conditions of approval. The following conditions of approval are subject to the
review and approval of Public works.
Access to Adjoining Property:
Er of o�Access
15. Applicant shall furnish necessary rights of gray, rights of entry, permits and/or
easements for the construction of off-site, temporary or permanent, public and private
road and drainage improvements.
17. Applicant shall fruish proof to Public Works that legal access to the property is
available from the County maintained portion of Johnston Road.
Drain a e Penauit
18. Obtain a drainage permit from the Application and Permit Center for any work in the
creek area.
Road Alignment and Sight Distance.
19. The applicant shall submit a preliminary improvement plan and profile to Public
Works for review showing all required improvements to the fronting or offsite County
6
roadway. The sketch plan shall be to scale and show horizontal and vertical
aliments, transitions, curb lures, lane striping and cross sections and shall provide
sight distance for a design speed of 40 kilometer per hour (25--E miles per hour). The
plan shall extend a minimum of 50 meter (164mfeet±) beyond the limits of the
proposed work.
PrivateRoads:
20. The applicant shall improve the roadway going through this property to a 4.8 meter (16-
foot-I-) road width with 0.6 meter (2-foot±) shoulder backing, within a 9.2 meter (30-
foot±) access easement. Where one lane reads will be utilized in each direction, the
applicant shall improve the roadway to a 3.0 meter (10-foist±) road width. with 0.6 meter
(2-foot±) shoulder backing, within a 7.5 meter (25-foot±) access easement.
OR, subject to review of the County Public Works Department and the primary Fire
District serving this property, and review and approval of the County hearing body, the
road may be unproved to a 6-meter (20-foot±) all-weather roadway with 0.6 meter (2-
foo+,) shoulder backing provided that the other road requirements of the "policy on
Private lural Road Design Standards," are adhered to subject to the review of Public
``works. A reduction in width of the one-way portions of this roadway to a 3 meter (10-
foot+) width all-weather road with 0.6 meter (2-foot±) shoulder backing may be allowed
subject to the review of the primary Fire District and review and approval of Public
Works.
Road MaintenanceAgreement:
21. Property owner shall develop and eater into a maintenance agreement that will insure
that the proposed private road will be maintained, and that each parcel in this
subdivision that will use the proposed private road will share in it's maintenance.
Drainage Improvements:
collet and - nv
22. Storm drainage facilities required by Division 914 shall he designed and constructed
in accordance with specification outlined in Division 914 and in compliance with
design standards of public Works.
The applicant shall be permittee) an exception from. the collect and convey
requirements of the Ordinance provided that the existing drainage pattern is
maintained and concentrated storm drainage is not discharged onto adjacent property,
provided that the drainage study shows that no additional drainage improvements are
required to prevent flooding of structures on this property or on adjacent property.
23. Applicant shall be permitted an exception to allow discharge of stormwater to
roadside ditches provided that the applicant verifies the adequacy of the downstream
ditch system or constructs any necessary improvements to make this system adequate
to convey ultimate storrnwater runoff.
Hold :armless
24. The developer shall be aware that the creek banks on the site are potentially unstable,
the property owner shall execute and record a deed notification with. the County
which states that:
A. The coverts and fill are private, and have not been reviewed by the County for
adequate stability.
B. The development and the owner and the future owners of the property will
hold harmless Contra Costa County and the Contra Costa County decd
Control and Water Conservation District in the event of damage to the on—site
improvements as a result of creek bark failure or erosion..
25. The applicant shall submit a drainage study prepared by a registered civil engineer
showing that the darn located on this property will not result in flooding of structures
or damage due to read washouts on this property, or on adjacent property. The
drainage study shall consider flooding impacts resulting from dare failure, as well as
flooding with the dairy in place. The drainage study shall be based on the design
storm based on ultimate development. The applicant shall mitigate all potential
flooding impacts, subject to the review of public Works and the review and approval
of the Zoning ,administrator.
Creek Structure Setback:
26. applicant shall relin€luish. "development rights" over that portion of the site that is
within. 100-feet of the centerline of the creek. "Development Rights" shall be
conveyed to the County by Grant Deed. The Grant Deed of Development Rights may
be reduced based on compliance with the requirements of Section 914-14.012 for all
or a portion of the project area, subject to the review and approval of public works.
Existing structures may be excepted from the Development Rights area grant deeded
to the County.
8
27. Special Flood Hazard Area: The applicant shall be rel uired to clearly show the
Special Flood Hazard Area and the Base Flood Elevations on a revised Vesting
Tentative Map.
Metric .,rite
28. The County Public Works Department now requires that all first check submittals and
accompanying calculations including subdivision ,grading plans, improvement plans,
hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and
descriptions will be i
9
VISOR 11'ES
PLEASE NOTE ADVISORYINTOTES ARE ATTACHED TO THE CONDITIONS OF
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL,
ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE
APPLICANT OF ADDITIONAL,ORDNANCE REQUIREMENTS THAT QST BE MET
IN ORDER TO PROCEED WITH DEVELOPMENT.
A. The applicant/owner should be aware of the expiration dates and renewing require-
ments prior t® (recording the Parcel Map) or(requesting building or grading permits),
B. Comply with the requirements of the Health Services Deponent, Environmental
Health Division.
C. Comply with the requirements of the Building Inspection Department. Building
permits are required prior to the construction of most strictures.
D. This project may be subject to the requirements of the Department of Fish.& Game.
Lt is the applicant°s responsibility to notify the Department of Fish & Game, P.O. Box
47, Yountville, California 94599, of any proposed construction within the develop-
ment that may affect any fish and wildlife resources, per the Fish. and Game Code.
Z. The project lies within the 100-year flood boundary as designated or. the Federal
Emergency Agency Flood Rate Maps. The applicant should be aware of the
requirements of the Federal Flood Insurance Program and the County Flood Plain
Management Ordinance (Ordinance lin 96-11) as they pertain to future construction
of any structures on this property.
F. This project is subject to the development fees in effect under County Ordinance as
of January 17, 1997 as the vesting tentative neap application was accepted as complete
by the Community Development Department, These fees are in addition to any ether
development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Park Dedication $2,000.00 per residence,
(If appropriate - Child Care) $400.00 per residence,
I
An estimate of the fee -charges for each approved lot may be obtained by contacting the
Building Inspection Department at 335-1196.
G, The applicant shall be required to comply with all rules, regulations and procedures
of the National Pollutant Discharge Elimination System (NIPI)ES) permit for
municipal, construction and industrial activities as promulgated by the California
State Water Resources Contxol Board or any of its Regional Water Quality Control
Boards (San Francisco Bay-Regional 11 or Central Valley-Region, V).
HThis application is subject to an initial application fee of$5,700.00 which was paid
with.the application submittal, plus time and material costs if the application review
expenses exceed 120%of the initial fee. Any additional fee due must be paid within
60 days of the permit effective date or prior to use of the permit whichever occurs
first, The fees include costs through permit issuance plus five working days for file
preparation. You may obtain current costs by contacting the project planner. If you
owe additional fees, a bill will be sent to you shortly after permit issuance.
1. The applicant shall comply with the requirements of the Bridge/Thoroughfare Fee
Ordinance for the South County Area of Benefit, the SCC Regional Area of Benefit,
and the SCC Subregional Area of Benefit as adopted by the Board of Supervisors
prior to initiation of the use requested with this application.
i This project may be subject to the requirements of the Army Corps of Engineers. It
is the applicant's responsibility to notify the appropriate district of the Corps of
Engineers to determine if a permit is required, and if it can be obtained.
RMP/aa
MSIII/1-96c.R-M,
6/29/98
8/4/98rev
8-6-98:df
rev 3/23/99:arnc
rev 11/23/99:mp
tum 101. CONTRA COSTA Co Recorder Office
STEPHEN Lo Zl C1gReccrder
� DOC— 2,845—
%ol,ERK OF THE f
Check Number
651 Pine Street , Room. 106 inA
artinezCA 9 3 T, DEC 14, 1999 09.28:42
MIC Wes MOD $8.00 REC $12.00
TCP $7.00
Tt 1 Pd $28.00 Nbr-0000756489
Dow
went e(s
JOI*lN7a 'MANAGEMENT AGREEMENT BY AND BETWEEN WILBERT a*°sd HELEN
FERRY, HUSBAND and WIFE, and THEIR CHILDREN JAMES PERRY, THOMAS
.0 .. a
JOINT-MANAGEMENT AGREEMENT
This Agreement is by and between Wilbert and Helen Perry, husband
and wife, and their children James Perry, Thomas Perry and Bonnie
Teixeira, referred to hereinafter as the Parties .
A. EUR- POSE. The purpose of this Agreement is to effect a
subdivision f a 98.6 acre parcels Contra Costa County Assessor's
Parcel Number 204-120-001, as described in Exhibit A,Q hereinafter
referred to as she Property, located at 6575 Johnston Road in the
unincorporated Tassaja.ra area of Contra Ceuta County, and to
satisfy statutes applicable to such a. subdivision, including
Government Code Sections 66474 .4 m 51230 . 1 and 51243 .
B. RECITALS.
( 1) Ownership of the 98. 6 acre parcel is vested in Wilbert
,and Helen Perry.
(2) The cur-ent zoning of the property is A-40.
(3) The Property is the subject of a. contrast with. Contra
Costa County entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act:) on February 13,
1973 and adopted by the Contra Costa County Board of
Supervisors via Resolution 73®66 .
(4) A minor subdivision application, MS 96-1, has been filed
with Centra Costar County to divide the Property into
three parcels of approximately 52 .3, 40,5 and 5.8 acres
as described in Exhibit B. The application was certified
as complete on December 17, 1996
C. AQaEE E T1-:. it is hereby agreed by the Patsies that ownership of
all parcels formed by MS 96-1 shall remain vested with Wilbert
and/or Helen Perry during their lifetimes, after which the
ownerships shall be vested as follows
( 1) ownership of the 52 .3 acre parcel shall peas to James
Perry.
(2) Ownership of the 40.5 acre parcel shall pass to Bonnie
Teixeira
(3) Ownership of the 5 .8 acre parcel shall. pass to Thomas
Perry.
(4) For the duration of the Williamson Act contract noted
in Item B(3) above, the agricui-*ural operations
described -herein shall be conducted henceforth on
the three parcels created by MS 96-1 subject to the kerma
and conditions of said contract, and shall be integrated
and managed jointly as if the original Property continued
to exist as a single parcel
D. SIGNATURES. These signatures attest the Parties ' agreement to
the fore oin provision.
> " `� "''3 J/ xx�'ys„ g`,�,� .+" •- a? x'i"��,F
Wilbert Perry elen Perry J J es
Date Date/ Date
y
�a€� as
Per' y Bonnie Teixeira
.ira
5—ate51
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Ll r,£r sorsa ly i��"W vin to me-e O — pIroveo to me or the Eia$iw off aflsfac'trSr`y aev/ °enc:,!i the Bei sons'
and acknowled ed 10
^o#� .:$�'v 1��3i"a'"�::,•?o t��E.'��1 ���$�.�'•.`�jt
his/her/.i" : s4g�c# e(s) on the inst#'iime a the oorsson(sf,
" eon
� Or ' y-jwC'r? �.,c',.ai�l
;'' vT which sthe pei"s,..n'.sj acted,
• ' ,:.5 N ks'1't:a 3 t F*.."ems executed fine • ,VU ent.
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5lgnature.of Notary P tic
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OPTIONAL
Though rhe information be;oivv rs not required by la.✓ it may prove valuable to persoms relying on the docarnent and could prevent
frauduterft rerroval and reattachrrent of this form to another dacurnent,
Description of Attached Document
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Cioci re,"t Da'4' *,,# \VLe_ } 5,:,lbe Bei .xP' o rY
Signer(s) ie:her Than N_,ed Above:
Capacity(les) Claimed by Signer(s)
&QC"e 'S Marne _ .__. Signer's Name:
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v uW" to lie•. E] Corporae Off iGo"
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0 Partner El Limited ❑ Genera' ( LJ Partrie U Ut'T.:oo 0 Ge#erai
t.� Attorney-#t.-Pact ❑ nt`crney-'M-Fact
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Guardian or Conservator l oar t Cat cn(ator '
vti-ar•• Too or f uera coreLj rt;sar
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4. r {S sRe"pre'Sv�'rftirig: i � � Signer is Flepresentit'y;
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0-199&Ni NotaryAssociation,8236 Rammet Ave P.C"Eox 7384 a Canoga Park,CA 91309-7184 Prot.No.5907 Reorder:Cnii T&C Prea -806-876-8827
cALIFORNIA LL-PURPOSE WL M iU
:tate o
County'of
beforeme #
:.' ..�f+a`.
Date '` Name and Title o OfF Ger(e.g. Jane Dos,Notary r ub'i1,;'j
persor..Wi , arasareG
Names;of Signers)
0 perscnaz':Y known to me-4./R s .` ,,,,roved to nie w:i the basis.of satlssf ca Car evidence to be the person(
whose na c �sl3i�'S��sC ��ta��trT�' ltrdt i? 'is u meiat
and aoknew"e ed to mme tnQ���h;alt,nev executed 'ne
sate r er/;:er a "norized'oapa;if y({es),and that:=by
yy A�•� {tp-}�{{fiygg y,�'44 f�+ �} §a r/s gnaturelsr)$on.the nstr✓t,{��"r�="?t:he person(s),
twAROL hANE u^SL;X-'A,2'4.20..>"�%C, i `Vi ILhe entity upon bGw'7•iaiS o wl� icn the persons's' acted,
Il 73X
4�.: executed tt" ,'.,e,-"w"t ;''n"•`C`ii°.
'�w".# F 3° as: ,/y lr a s' and o € i^ Scuff. '
` Slynature o, , otaq ab14
u
OPTIONAL
Though the information below is not required key lav✓, it may prove ilaluable to persoris relying on the document and could prevent
kaudulent removal and reatfachmenf of this form to another document,
a
Description of Attached Document
Y
fi€t'e or`t pe o? D,oC'u-hent: :s�3Ax-a-S £3 est
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. � i Chimed by Signer(s) a
Sg�ner'sName: .. _ � Signer's Name: , �.
E ind v jai Cl individual
CiuoYaty icer w# lora« OfdCer
Is
1-3 Par'
er , i]. mn;ted 0 Gefine.rai �Ll Partn2 -U Urnited 1-1 General
0 Attorney-in-Fact E-1 Ati
CALIFORNIA
ALL-PURPOSE ACKNOWLEDGMENT �<
., 1111.. ,
Vi
State Of _
e
County• G CSS
O �eaCre me.
Da
\,a-ne and?itis of Offi r ie ,"ane Dae:Notary Public")
per -naHy appeared
Name(S)of S'ryne{sj
F1 Viers.rai y,Lmowrto me—OR r proved tome on the basis of satisfactory"ev'den.ca w be the Wer v^tsl
.�t? ? iG }£('VI$ 'iE [ 3 }c
and Cn.Ue"i SCo�tSsie Vow to ;tee hqt\,5>h Aney exaculad $.63L�i
y 2yn &5 Sa'v`e au 'horize Y"acacity(es',and that by
/`lz'ev signature(s) on the '"strumenll"_s e person(s),
j� s:r * €#amu ur the e r tv u on bei a; l�Jf IC I i'te hers �r8 ear acted,
MTV
r
,- SicOna.ur No ry Public
OPTIONAL
Though the information b€alow is n t required by law, it may prove valuable to persons relying on the document and couid prevent
fraudulent removal and reattachment of this forni-to another document.
Description Attached Document
{
s r:te or Type f3$ DoCu'?'ts^1i;
. tr�
ocumen _ �. w ! _ 4 __ ._- ._Numbs, of Pages: _
v . v. �..:.__..�..... _.._... ....._.._. S
W'. Earls} Other `Tan, marrPI
ed SJov% t' € ,.y.. E VN
t i e y- Signe�� � � ���c
Sir' rare: °> s �' i Signer's Name:� _.._111.1 ..�_..�_.,...._._
E ,i' 3f ❑ u;v?dura'
11 Cv-p rate "ISficer 0 Corporate Officer
_ _....___...... —.__.._....._.._........_.....,_g.... � t ) _.��..._...__...�.���...._.._..e...»_.___�—
D Part ted General Cl a' er ❑ c i r,,1`ed, I 7J Genera
{EJ 6 t orae -in-Fact -,.�1 Alto�^� �M-Fact s
LJ a % s 2e El i rustee�� " R
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Guardian or Consenvatoi a ❑ Guar ian or Goi,ser��alor
A
dz l Trip�`t�iar here ! - r'4 ToD^i irlll""..�her�
LI Other: .__ _ i C1 Other _ ._
J
S'Mner is Re reset :ing: Starer is Representing: ,
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Q 199,1 National Notary Association-8236 Remme.Ave.;P.C..Box 7184 9 Canoga Pat':,CA 0�309 7'84.... Prod,No,5907 Heordsl Cali To'i•vrea 1-Eu0.876-$827
E)KCHT
Parcel " " sed Pwcel is shovm on the Map of Subdivision M.S. 135-78, vv� ch trap
was files oi,, Feb-mary 23, i 97 9 in Book 74 of Parcel Maps, Pages 29 et seq, Contra Costa
Cow-iter Records.
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