HomeMy WebLinkAboutMINUTES - 10242000 - C48 TO: BOARD OF SUPERVISORS r •. . ;
Contra
FROM: DENNIS M. BARRY, AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: OCTOBER 24, 2000
SUBJECT: To rescind Land Conservation Contract#AP 16-75 and execute simultaneously two new
Land Conservation Contracts#APOOOOO1 for Parcel A and Land Conservation Contract
APOOOOO2 for the remainder. (APN#: 258-310-004)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt a motion authorizing Chair to execute Land Conservation Contracts by rescinding
existing Land Conservation Contract,AP16-17 pursuant to approved Minor Subdivision County
File #MS940010 and execute simultaneously two new Land Conservation Contracts, County
File #'s APO00001 for Parcel A and AP00OOO2 for the remainder.
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMITTE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON nc Y_nhp-r 4y 2nnn APPROVED AS RECOMMENDED Yx OTHER_
See the relative Resolution No. 2000/500
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS(ABSENT - - -) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Rose Marie Pietras(925/335-1218) ATTESTED October 24. 2000
cc: Community development Department(CDD)
PHIL BATCHELOR, CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND OUNTY ADMINISTRATOR
County Counsel
Judy Coons
Jim Lynch, Assessor's Office B DEPUTY
October 24, 2000
Board of Supervisors
Pile#MS9400 1 0
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
On February 11, 1975, the Board of Supervisors approved by Resolution No 75/120, the
assessor parcel number mentioned above, as an Agricultural Preserve and authorized the
execution of a Land Conservation Contract, AP16-75 with A. J. Carr, Jr.
The Board of Supervisors held a public hearing on February 11, 1975 on Agricultural
Preserve and Land Conservation Contract, discussed by the County Planning
Commission, Resolution No. 75/120. Public testimony of all persons interested in this
matter was heard by the Board.
On February 11, 1975, the Board ordered that those lands described in the
Agricultural Preserve application be established and declared to be AP16-75.
A County Planning Commission hearing was heard on November 29, 1994 on
MS940010. The purpose of MS940010 was to subdivide a 40-acre parcel with a
remainder for inheritance purposes by the applicant, Mr. Ed Morris, who is the
property owner's son-in-law. After hearing public testimony by all interested persons,
the County Planning Commission approved MS940010. A condition was added
requiring the applicant, to enter into a new contract for the 40 acres created by
MS940010. To reflect an adjustment to the acreage, a new contract shall also be
executed for the remainder parcel. The contents of both contracts are identical to the
original contract covering the mother parcel. California Government Code, Section
51254 authorizes the rescission of an existing contract while entering simultaneously
into a new contract to be held concurrent with the parcel map for concurrent
acceptance by the Board of Supervisors and records with the acceptance of the
parcel map.
0-.+98
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday,October 24,2000, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: RESCIND Existing Land Conservation ) RESOLUTION NO.2000/500
Contract for Agricultural Preserve No. )
16-75 and AUTHORIZE the Execution )
of Two New Land Conservation Contracts )
for Agricultural Preserve#'s AP000001 and )
AP000002 for the Subject Property )
Relative to an Approved Tentative )
Map. County File#MS940010 }
(Moraga area) )
The Board of Supervisors of Contra Costa County RESOLVES that:
On February 11, 1975,the Board of Supervisors adopted Resolution No.75/120 which authorized the
Chairman of the Board to execute a Land Conservation Contract, Agricultural Preserve #16-75, with A.J.
Carr,Jr.,and said contract was subsequently executed by the Board Chairman,and recorded on February 26,
1975 affecting Assessor's Parcel No. 258-310-004.
On August 3, 1994,a tentative map application was filed with the County for a one parcel(40 acres)
and a remainder,File#MS940010 on the parcel subject to the above described Land Conservation Contract.
After notice was issued as required by law,on November 29, 1994,the County Planning Commission
conducted a public hearing on the tentative map application; after all parties interested in the project were
provided an opportunity to comment on the proposal, the Planning Commission approved the subdivision
subject to conditions including a requirement to rescind the existing contract and enter into two new land
conservation contracts prior to approval of a parcel map; no appeal having been timely filed, the
Commission's tentative approval became final.
RESOLVED,pursuant to Section 51254 of the California Government Code,the Board of Supervisors
RESCINDS the land conservation contract for Agricultural Preserve No. 16-75,and AUTHORIZES the Board
Chairman to execute simultaneously two new land conservation contracts for the subject property,AP000001
for Parcel A, and AP000002 for the Remainder.
The Board further directs the Clerk of the Board to forward this resolution and said executed contracts
to the Public Works Department,Engineering Services Division for concurrent filing with the County Clerk-
Recorder's Office with the approved parcel map for Minor Subdivision File MS940010.
Contact Person: Rose Marie Pietras(335-1216)
1 hereby certify that this is a true and correct copy of
Orig.Dept: Community Development Department an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Cc: Public Works Department,Engineering Services Division ATTESTED. October 24 2000
County Counsel PHIL BATCHELOR,Clerk of the Board
Ed Morris,Applicant of Supervi rs nd County Administrator
By 70 ,Deputy
RESOLUTION NO. 2000/500
THE BOAR OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on by the following vote:
October 24, 2000
AYES: SUPERVISOR GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ASSENT: NONE 1113010�0,200@@26a71�
A 3STAIN: NONE
RESOLUTION NO. 2000/535
SUBJECT: LAND CONSERVATION CONTRACT )
AP 00-0002 }
}
The Board of Supervisors of Contra Costa County RESOLVES that:
1 .Parties. BY THIS CONTRACT, made and entered into the lst ,
day of Januarv, 2001 CARR RANCH, INC. 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 . YQ-oerty Descrig i 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 . impose. 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: n orceable Restr ctiQn . 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 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 . Qgve= na 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 810-2 through
810-4, and Resolutions of the Contra Costa County Board of
Supervisors Numbers 691763 and 991641 .
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 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 . QdificatiQn of -Reatrictions. 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 . Te= and Renewal. This Contract shall be effective commencing
on the last day of D&Cjemb=, 2001, 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 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 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 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 oly
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 M) 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 Unon Substitiation of New Restrictions-.
This Contract may be canceled by mutual agreement of County and
2
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 pg=in Rroceedi (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.
(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 Br a t, 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 s to render the use of land
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 fallowing 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 Pro-ogrt y 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 . N'ew Contracts U or 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 Section
16 .
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.
3
17 . Congidgration. Owner shall not receive any payment from
County in consideration 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 info=ation- 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 . Effgct of ae=vina Pregerve gr Zoning Qlauifi�align-
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.
20. Rescission of Existing Contract. The parties mutually
agree to and hereby rescind that Land Conservation Contract they
entered into effective February 11, 1975 (Resolution No. 75/120) ,
in order simultaneously to enter into this contract, in accordance
with the provisions of Government Code Section 51254 . "
ATTEST: October 24 , 2000 COUNTY OF CONTRA COSTA
PHIL BATCHELOR, County Administrator
and Clerk of the Board of Supervisors
--
h4A ----
Deputy Cl fr Chair, BoardCo j Supervisors
4
OWN Q� ,t}C,
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 Forms
Victor J. Westman, County Counsel NOTE: All signatures for Owner
must be acknowledged.
By: .
Deputy
5
%00`AL IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,rry.,�.--�{` ^u` y�z!.a*{- .�.�r•.-w.. fr. ,+ww?e;•�;yw..�r.�.�_��.,r�.;��•€;.wr:�.!;,�v,*;3cr.+rr. ,..�"..r.n . .r.+�...s,��•�w�,^r
State of California 1
ss.
County of `
On `Z , before me, f
Out* / Rome ON T111e of Officer(a.p.,'Jon
foo,Notary Publ'c")
personally appeared /
D personally known to me
roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
AL1rXANDE-I COPELAND subscribed to the within instrument and
COMM. #1216917 acknowledged to me that he/she/they executed
` 140TARY t�uc-MMMA the same in his/her/their authorized
t ONM cOdTA OOUMfY
capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
1
Place Notary Seat Above Sipmiure of Notary Publ
1
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 Document J/
Title or Type of Document:
Document Cate: �-f L&:9�
Number of Pat
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
D individual Top of thumb here
D Corporate Officer—Tttle(s):
D Partner—D Limited D General
D Attorney in Fact
D Trustee
D guardian or Conservator
D Other:
ri
Signer is Representing:
y �!'$v �'$ it S✓ 'Y.1Ci �/- r N V Lt"' Wi4$S/.dYV lS4v$vo
0 1997 Noilorw4 Notary Association•9350 De Soto Ave-P.O.Box 2402•ChateawRh.CA 61313-2402 Prod.No.5907 Roordar:Cao Toli•Frw 1.80047"827
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP0�0002
EXHIBIT A
PROEERTY 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 —2 ---
pages,
pages, attached hereto and incorporated by reference
herein.
6
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. APQQ0002
EXHIBIT
ALLOWABLE LMM 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 Ngn-gonfo=ina Structures
The following non-conforming structures are permitted, subject
to the provisions of County Ordinance Code Chapter 82-8:
2 . Existing Confo=ina StrUctIlreg None
3 . Proposed Structures None
4 . Existing Ld]ad Use Grazing
5 . RrQyosed Land Use Grazing
6. Existina Ilse Compatible with Agricultural Ilse Grazing
7 . EXQiposgd Ugg Cg=atible with Agricultural Use: Grazing
d:rmp\1and-con.20
7
S CHEDUE 1
LEGAL DESCRIPTION
,;THE REMAINDER
REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF
CONTRA COSTA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL.ONE:
THE NORTH ONE-HALF(N%)OF SECTION TWENTY-EIGHT(28)IN TOWNSHIP ONE
(1)SOUTH,RANGE TWO(2)WEST,MOUNT DIABLO SASE AND MERIDIAN.
PARCEL TWO:
LOTS THREE(3)AND FOUR(4)AND THE EAST HALF OF SOUTHEAST QUARTER
AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29 IN
TOWNSHIP 1 SOUTH,RANGE 2 WEST,MOUNT DIABLO WE AND MERIDIAN.
PARCEL.THREE:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 28 IN TOWNSHIP 1
SOUTH,RANGE 2 WEST,MOUNT DIABLO SASE AND MERIDIAN.
EXCEPTING THEREFROM THE FOLLOWING.
REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF
CONTRA COSTA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
BEING A PORTION OF SECTION 28 AND 29,TOWNSHIP 1 SOUTH,RANGE 2 WEST,MOUNT
DIABLO SASE AND MERIDIAN,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE RANCHO CORNER CALLED P.C.NO.32 IN SECTION NOTES ON
WHICH A FOUND AND HELD HUB AND TACK WAS REPLACED WITH A 2"IRON PIPE AND 1-
i/2'BRASS PLATE,SAID POINT ALSO HAVING THE COORDINATES, X=1537033.26 AND
Y=481672.00 AS SHOWN ON THE MAP ENTITLED`RECORD OF SURVEY OF LAST SAY
MUNICIPAL UTILITY DISTRICT BOUNDARY" RECORDED IN'BOOK 87 OF LICENSED
SURVEYOR'S MAPS AT PAGE 9,CONTRA COSTA COUNTY RECORDS,SAID POINT ALSO
BEING ON THE LINE BETWEEN RANCHO LAGUNA DE LOS PALOS COLORADOS AND
SECTION 29;THENCE FROM SAID POINT,ALONG THE RANCHO UNE,NORTH 01* 13'26'
EAST 929.81 FEET TO A SET 2'IRON PIPE AND BRASS DISK,SAID POINT ALSO BEINGS A
FRACTION CORNER OF SECTION 29 AS SHOWN ON SAID MAP;THENCE LEAVING SAID
RANCHO LINE,ALONG THE 1/4 SECTION LINE OF SECTION 29,NORTH 88* S2'39*EAST
813.17 FEET TO A SET 2"IRON PIPE AND BRASS DISK, SAID POINT BEING THE E 1/16,C-C
,8 29 AS SHOWN ON SAID MAP;THENCE CONTINUING ALONG SAID 1/4 SECTION LINE
NORTH 88* 52'39"EAST 1,298.03 FEET TO A SET 2"IRON PIPE AND BRASS PLATE,SAID
POINT BEING THE 1/4 SECTION CORNER OF SECTIONS 28 AND 29 AND ALSO HAVING THE
COORDINATES, X=1538860.99 AND Yw482637.02 AS SHOWN ON SAID MAP;THENCE
LEAVING SECTION 29 AND ALONG THE 1/4 SECTION UNE OF SECTION 28,NORTH 88* 52-
39*EAST 55.05 FEET;THENCE LEAVING SAID 1/4 SECTION LINE OF SECTION 28,SOUTH
00* 27'37"EAST 929.09 FEET;THENCE SOUTH 88* S2'39"WEST 55.05 FEET TO THE
9wl%xclEo
Deaeenlsar 22.l"t
SECTION LINE OF SECTIONS 28 AND 29,SAID POINT BEING SOUTH 00. 27'37"EAST 929.09
FEET FROM THE 114 SECTION CORNER OF SECTIONS 28 AND 29 AND ALSO BEING NORTH
66° ST 39"EAST 1,890.57 FEET FROM THE RANCHO CORNER CALLED P.C.NO. 32 IN
SECTION NOTES ON WHICH A FOUND AND HELD HUB AND TACK WAS REPLACED WITH A
2"IRON PIPE AND 1-117 BRASS PLATE,SAID POINT ALSO HAVING THE COORDINATES,
X=153703326 AND Y-481672-00-00 AS SHOWN ON SAID MAP,THENCE SOUTH 986 $213911
WEST 1,890.57 FEET TO THE POINT OF BEGINNING.
7.
�?. 20
Ing S7
94MllZXC.LM
Tirrneebar 9'3,199E
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order 0616ctober 242 t following Grote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
11 130 I�i�00,200002Ba11
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2000/536
SUBJECT: LAND CONSERVATION CONTRACT }
AP 00--0001 )
The Board of Supervisors of Contra Costa County RESOLVES that.
1 .P rties . BY THIS CONTRACT, made and entered into the 1st.
day of January, 2001 QMR RANCH, INC. 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 Des rriitttion. 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: Enforce b e esti' tion. 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 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 810-2 through
810-4, and Resolutions of the Contra Costa County Board of
Supervisors Numbers 69/763 and 99/641
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 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 . Nod' fica on 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, 2001, 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 De tuber
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 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 oly
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 lh%) 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
2
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 Proceedi as. (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.
(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 Contjggt. (a) In the event that
Owner fails to comply with the terms and conditions of this
Contract and the effect of said breach s to render the use of land
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 Section
16 .
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.
3
17 . Consideration. Owner shall not receive any payment from
County in consideration 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 Exgense 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.
20 . Rescissio _ o Existing Contract. The parties mutually
agree to and hereby rescind that Land Conservation Contract they
entered into effective February 11, 1975 (Resolution No. 75/120) ,
in order simultaneously to enter into this contract, in accordance
with the provisions of Government Code Section 51254 . "
ATTEST: October 24 , 2000 COUNTY OF CONTRA COSTA
PHIL BATCHELOR, County Administrator
and Clerk of the Board of Supervisors
By: By:
eputy C e( A4X Chair, Boar4/& Supervisors
4
OWNER
a
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:
—iwx
Deputy
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
SS.
County of Gt.
On w `"�� , before me,
Date � A Name and Title of Officer(e.g.,"Jane Doe,No P
z1� u tie")
personally appeared F. JUS /,5 ajte4
Name(s)of Signer(s)
❑ personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
( ALEXANDER COPE subscribed to the within instrument and
COMM. #1216917
CAUF 7 acknowledged to me that he/she/they executed
NOTARY PUBLIC• COUNTY the same in his/her/their authorized
CONTRA costa cou►+try
My c°"w".s ims Mg 21,2003 V capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand an ffld seal.
Piece Notary Seal Above Signature of Notary PubjE
1
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 Document
Title or Type of Document:
Document date: tJ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
7
Signer is Representing:
C , .c.
0 1997 National Notary Association.9350 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Cell Toll-Free 1.800-876.8827
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP000001
EXHIBIT A
PROPER'T'Y 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 1
pages, attached hereto and incorporated by reference
herein.
6
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP000001
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 :
2 . Existing Conforming Structures Residence and Barn
3 . Proposed Structures None
4 . Existing Land Use Grazing
5 . Proposed Land Use Grazing
6 . Existing Use CQmpatible with Agricultural Use Grazing
7 . Proposed-Use Compatible with Agricultural Use• Grazing
d:rmp\1and-con.20
7
SCHEDULE 1
LEGAL DESCRIPTION
PARCEL. A
REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA GP THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
BEING A PORTION OF SECTION 28 AND 29,TOWNSHIP 9 SOUTH, RANGE 2 WEST,
MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE RANCHO CORNER CALLED P.C. NO.32 IN SECTION NOTES ON
WHICH A FOUND AND HELD HUB AND TACK WAS REPLACED WITH A 2" IRON PIPE AND
1.1/2"BRASS PLATE, SAID POINT ALSO HAVING THE COORDINATES, X=1537033.26 AND
Y=481672.00 AS SHOWN ON THE MAP ENTITLED "RECORD OF SURVEY OF EAST BAY
MUNICIPAL UTILI-�Y DISTRICT BOUNDARY" RECORDED IN BOOK 67 OF LICENSED
SURVEYOR'S MAPS AT PAGE 9,CONTRA COSTA COUNTY RECORDS, SAID POINT ALSO
BEING ON THE LINE BETWEEN RANCHO LAGUNA DE LOS PALOS COLORADOS AND
SECTION 29;THENCE FROM SAID POINT,ALONG THE RANCHO LINE, NORTH 011, 13'26"
EAST 929.81 FEET TO A SET 2" IRON PIPE AND BRASS DISK, SAID POINT ALSO BEING A
FRACTION CORNER OF SECTION 29 AS SHOWN ON SAID MAP;THENCE LEAVING SAID
RANCHO}LINE,ALONG THE 114 SECTION LINE OF SECTION 29, NORTH 88°5239-EAST
513.17 FEET TO A SET 2"IRON PIPE AND BRASS DISK SAID POINT BEING THE E 1116, C-
C . S 29 AS SHOWN ON SAID MAP,THENCE CONTINUING ALONG SAID 114 SECTION LINE
NORTH 880 62'39" EAST 1,295.05 FEET TO A SET 2"IRON PIPE AND BRASS PLATE, SAID
POINT BEING THE 114 SECTION CORNER OF SECTIONS 28 AND 29 AND ALSO HAVING
THE COORDINATES, X=15388611.99 AND Y-482637.02 AS SHOWN ON SAID MAP; THENCE
LEAVING SECTION 29 AND ALONG THE 114 SECTION LINE OF SECTION 28, NORTH 88.52'
39" EAST 55.05 FEET;THENCE LEAVING SAID 114 SECTION LINE OF SECTION 26, SOUTH
W 27' 37"EAST 929.09'FEET; THENCE SOUTH 880 52'39k WEST.55.05 FEET TO THE
SECTION LINE OF SECTIONS 28 AND 29, SAID POINT BEING SOUTH OXO°2737-EAST
929.09 FEET FROM THE 114 SECTION CORNER OF SECTIONS 28 AND 29 AND ALSO
BEING NORTH 88°52'39-EAST 1,835.55 F'EE'L'FROM THE RANCHO CORNER CALLED P.C.
NO.32 IN SECTION NOTES ON WHICH A FOUND AND HELD HUB AND TACK WAS
REPLACED WITH A 2"IRON.PIPE AND 1-912"BRASS PLATE, SAID POINT ALSO HAVING
THE COORDINATES, X=1537033.26 AND Y=481672.00 AS SHOWN ON SAID MAP;THENCE
SOUTH 88°62'351"WEST 1,835.65 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 40.03 ACRES MORE OR LESS.
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