HomeMy WebLinkAboutMINUTES - 10242000 - D7 g. D.7
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TO: BOARD OF SUPERVISORS ':. : ".: •
f Contra
FROM: DENNIS M. BARRY, AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: OCTOBER 24, 2000
SUBJECT: APPLICATION TO REZONE 789 ACRE QUIMBY ISLAND FROM A-2 (GENERAL
AGRICULTURAL)TO A-4(AGRICULTURAL PRESERVE DISTRICT),RZ#3011,AND
APPROVAL OF A LAND CONSERVATION CONTRACT WITH ELLIS STEPHENS
(APPLICANT), CEO, ELLIS ISLAND FARM, INC. (OWNER).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. FIND the Negative Declaration prepared for this project to be appropriate environmental
documentation.
2. ADOPT the findings contained in East County Regional Planning Commission Resolution No. 28-
1997 as the basis for the Board's action.
3. ADOPT the recommendation from the East County Regional Planning Commission, as contained in
their Resolution No. 28-1997, to approve the rezoning of the 789 acres from A-2 (General
Agricultural) to A-4 (Agricultural Preserve District).
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON. October 24, 2000 APPROVED AS RECOMMENDED _�_OTHER
This is the time heretofore noticed by the Clerk of the Board for hearing on the above matter.
No one appearing to speak, the public hearing was CLOSED. JT 1S BY THE BOARD ORDERED that
the above recommendations are APPROVED and Ordinance No. 2000-36, giving effect to the
rezoning, is INTRODUCED, reading waived and November 14, 2000 is SET for adoption of same;
and Resolution No. 20001501 approving Land Conservation Contract (AP# 3-2000) is APPROVED.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT 1&5 ? 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: P. Roche,CDD-AP(925-335-1242) ATTESTED
cc: Community Development Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF
CAO SUPERVISORS ND COUNTY ADMININISTRATOR
County Counsel
County Assessor(via CDD)
Mr. Ellis Stephens BY � DEPUTY
October 24, 2000
Board of Supervisors
File# RZ 3011
Page 2
4. DIRECT the Community Development Department to post the Notice of Determination with the
County Clerk.
5. APPROVE a new Land Conservation Contract(AP#3-2000)with Ellis Stephens for APN#023-110-
014 and 023-110-015 (Quimby Island), and AUTHORIZE Chair to sign and execute Land
Conservation Contract (AP#3-2000).
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATION
Mr. Ellis Stephens(Applicant and Owner)is requesting to rezone a 789-acre island in the Delta region of
Contra Costa County from General Agricultural District (A-2)to Agricultural Preserve District(A-4) and
to enter into a Land Conservation Contract (Williamson Act). The subject property is named Quimby
Island and is comprised of APN #023-110-014 and 023-110-015.
The East County Regional Planning Commission on November 1, 1993 had recommended approval to
rezone the subject property from A-2(General Agriculture)to A-80(Exclusive Agriculture).Following the
recommendation of the Commission, staff met with the applicant and determined the appropriate zoning
designation for the property is A-4,Agriculture Preserve District. On January 10, 1994,the Commission
recommended approval to the Board of Supervisors to rezone the subject property to A-4.Subsequently,
the applicant requested the property be placed within a Land Conservation Contract(Williamson Act).
The request to place the property within the Williamson Act required the matter be returned to the
Commission for recommendation to the Board of Supervisors. On September 8, 1997,the Commission
recommended approval to rezone the subject property to A-4 and place the property within the
Williamson Act. Resolution No.28-1997 from the East County Regional Planning Commission contains
the findings and recommendations to rezone Quimby Island to an A-4 (Agricultural District), and it is
attached as Exhibit"A"to this Board Order.
A copy of the staff report to the East County Regional Planning Commission,dated September 8, 1997,
which provides more background information on this matter, is attached as Exhibit "B" to this Board
Order.
Attached as Exhibit"C"to this Board Order, is a copy of the proposed Land Conservation Contract(AP#
3-2000) with Mr. Ellis Stephens for approximately 789 acres of Quimby Island. Mr. Stephens has
reviewed the contract and has agreed to the terms. The Land Conservation Contract(AP#3-2000) is
now ready for approval by the Board of Supervisors and execution by the Chair, Board of Supervisors.
Attachments
Exhibit"A": East County Regional Planning Commission Resolution No. 28-1997
Exhibit"B": Report to East County Regional Planning Commission, dated 9/8/97
Exhibit"C": Proposed Land Conservation Contract(AP#3-2000)
PR/h:prochlla ndcon/stephensrz3011.bo
1
Exhibit "A"
East County Regional Planning Commission Resolution
No. 28-1997
RESOLUTION NO. 28-1997
RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE IN ZONING
IIY ELLIS STEPHENS(APPLICANT&OWNER),IN THE ORDINANCE CODE SECTION
PERTAINING TO THE PRECISE ZONING FOR THE QUIMBY AREA OF SAID
COUNTY.
WHEREAS, a request by Ellis Stephens (Applicant& Owner), County File#3011-RZ, to
rezone 789.3± acres of land from General Agricultural District (A-2) to Exclusive Agricultural
Preserve District(A-80), was received by the Community Development Department on August 5,
1993; and
WHEREAS, the application was amended to rezone the property to Agricultural Preserve
District(A-4) and place the property under a Land Conservation Contract(Williamson Act); and
WHEREAS, the subject property is described as Quimby Island and consists of Parcels A
and B of Minor Subdivision 43-84 located in the extreme eastern delta area of Contra Costa County;
and
WHEREAS, a legative Declaration of Environmental Significance was posted and notices
sent to neighboring property owners and occupants for the rezoning,request; and
WHEREAS,after notice was lawfully given, a public hearing was scheduled before the East
County Regional Planning Commission on Monday, September 8, 1997, where all persons interested
might appear and be heard; and
WHEREAS, on Monday, September 8, 1997, the East County Regional Planning;
Commission having fully reviewed, considered and evaluated all the testimony and evidence
submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED, that the East County Regional Planning
Commission recommends to the Board of Supervisors of the County of Contra Costa, that the
rezoning request of Ellis Stephens (Applicant& Owner)in the Ordinance Code Section pertaining
to the precise zoning for the Quimby island area of said County be APPROVED and rezoned to
Agricultural Preserve District(A-4); and
BE IT FURTHER RESOLVED that the reason for this recommendation is:
1. The proposed zoning is consistent with the County General Plan.
r
PAGE TWO RESOLUTION NO.28-1997
BE IT FURTHER RESOLVED that the Secretary of the East County Regional Planning
Commission shall respectively sign and attest the certified copy of this resolution and deliver the
same to the Board of Supervisors all in accordance with the Planning Laws of the State of California.
BE IT FURTHER.RESOLVED that the instruction to prepare this resolution was given by
the East County Regional Planning Commission at its meeting of September 8, 1997 by the
following vote:
AYES: Commissioners - Sobalvarro, Anderson, Andrieu,Hanson,Wagner,
Wetzel
DOES: Commissioners - None
ABSENT: Commissioners - Nunn
ABSTAIN: Commissioners - None
ATTEST:
{
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Dennis M. Barry, Secretary
East County Regional Planning
Commission, County of Contra Costa,
State of Califomia
3:3011-rz.res
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Findings Ma
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Rezone From ALL—To
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Regional PlanningCamra ,Contra cyst ntY.Stat
Chairman
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da hereby certify that this is a true and correct ca
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indicating thereon the decision of the ,East County Region
Commission in the matter of
12Z 'q3 Bt�l al Planning
ATTEST:
Secretary of the East Count41—
Planning Commission,State y Regional
California
3
Exhibit "B"
Report to East County Regional Planning Commission, 9/8/97
Agenda Item
Community Development Contra Costa County
EAST COUNTY REGIONAL,PLANNING COMMISSION
MONDAY SEPTEMBER 8 1997 - 7:00 P.M.
I. INTRODUCTION
ELLIS STEPHENS (Applicant& Owner), County File #301 I-RZ: The applicant requests
approval to rezone a 789.3 acre Delta Island from General Agricultural District (A-2) to
Agriculture Preserve District (A-4). Subject property is described as Quimby Island. The
property consists of Parcels A and B of MS 43-84. (A-2) (ZA: F-28m, J--28m) (Ct 3010)
(Parcel #023-110014 & -015)
II. RECOMMENDATION
Staff recommends that the East County Regional Planning Commission adopt a resolution
recommending that the Board of Supervisors approve the rezoning of this island from A-2,
General Agricultural District, to A-4, Agricultural Preserve District.
III. GENERAL INFORMATION
A. General Plan: The site is designated Delta Recreation on the 1990 County General
Plan, 20 acre parcel size minimum.
B. Zoning:Present zoning is General Agricultural - A-2. Original requested zoning was
for Exclusive Agricultural District A-80. Applicant has changed request to the
Agricultural Preserve District (A-4). Staff is recommendation is for the A-4
Agricultural Preserve District.
C. CEOA Status: A Negative Declaration has been posted for this project.
IV. DESCRIPTION OF SITE
The subject property is known as Quimby Island. It is an irregularly shaped island at the
extreme eastern border of Contra Costa County. Land and water to the east is in San Joaquin
County. The island itself is at this time farmed and has some wetlands and lakes.
Approximately 600 acres of the land is farmed with corn being raised in 1993. There is a
commercial agricultural dock as well as a private dock on the island. A barn and a A-frame
building which is used as an office and part-time residence are also located on the island.
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V. AGENCY COMMENTS
A. Comprehensive Plgnnina:Rezoning to A-4 would be consistent with the General Plan
intent.
B, BuildinLy Insvection Department: No comments on this application.
C. Public Works Department - Special Districts Division: No comments on this
application.
D. California Archaeological Inventory: The proposed project area has a possibility of
containing archaeological resources. A study is recommended for a portion of the
site. Staff has contacted the California Archaeological Inventory and discussed this
matter with them. Inasmuch as no entitlement to construct any structures is being
granted, it is in stafrs opinion not necessary at this time to conduct an archaeological
study. This is simply a request to rezone the site from A-2, which would allow 5 acre
parcels, to Aa4, which limited further development and has a 20 acre parcels size
minimum.
E. Comments were requested from the following agencies: State Lands Commission,
Health Services Department -Environmental Health Division, State Department of
Fish& Game, and San Joaquin County. None of the above agencies submitted any �-
comments regarding this application to this office.
VI. ROAD AND DRAINAGE CONSIDERATIONS
The Public Works Department has reviewed 3011-RZ and has no comments.
VII. DISCUSSION
As mentioned above, this project is a request'to rezone Quimby Island from General
Agriculture -A-2 to Agriculture Preserve District A-4. The applicant has requested to put
the island within the Williamson Act, which would require that the island remain in fanning
activities.
The approval of the rezoning of the island from A-2 to A-4 would not give entitlement to
construct any structures on the site. The applicant has indicted that he does not plan to
develop the island and would prefer to see it remain as is.
This applicant has languished and needs to be completed before the Board. To that end we
are requesting the adoption of an updated Planning Commission Resolution.
S-3
VIII. CONCLUSION
Staff recommends that the East County Regional Planning Commission adopt a resolution
recommending that the Board of Supervisors approve the rezoning of Quimby Island from
General Agriculture District A-2 to Agricultural Preserve District A-4.
AB/aa
Rzi/3 011-RZ.AB
10/15/93
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7/17/97
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Exhibit "C"
Land Conservation Contract (AP#3-2000)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Order on October 24, 2000 by the following vote:
AYES: Supervisors Gertner, DeSaulnier and Uilkema
NOES: None
ABSENT: Supervisors Gioia and Canciamilla
ABSTAIN: None
RESOLUTION NO. 2000/501
SUBJECT: LAND CONSERVATION CONTRACT
(AP# 00-0003) ?
)
)
The Board of Supervisors of Contra Costa County RESOLVES that:
1. Parties. BY THIS CONTRACT, made and entered into the
24th day of October, 2000, ELLIS ISLAND FARMS, 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 Description. Owner possesses certain real
property located within the unincorporated County, which property
is presently devoted to agricultural and compatible uses and is
particularly described in Exhibit A, attached hereto and made a
part of this contract.
3. Purpose. Both Owner and County desire to limit the use
of said property to agricultural uses and to compatible uses
specified in this agreement in order to discourage premature and
unnecessary conversion of such lands from agricultural uses,
recognizing that such land has definite public value as open space
and that the preservation of such land in agricultural production
constitutes an important physical, social, aesthetics and economic
asset to County to maintain the agricultural economy of County and
the State of California.
4 . Intent of Parties: Enforceable Restriction. Both Owner
and County intend that the term, conditions and restrictions of
this Contract be in accordance with the California Land
Conservation Act of 1965, as amended, so as to be an enforceable
restriction under the provisions of Division 1, Part 2, Chapter 3,
Article 1. 5 of the California Revenue and 'Taxation Code (Rev. & Tax
Code § 421 et. seq. ) .
5 . Intent of Parties: Effect 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.
I
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 l 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 169/763 through 20001536.
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 . Modification of Restrictions. The Board of Supervisors
of County may from time to time and during the term of this
Contract or any extensions thereof, by amendment to Contra Costa
County Ordinance Code Chapter 84-42, add to those uses listed in
said ordinance. Such additional uses shall be limited to commercial
agriculture and compatible uses and be subject to the density
restrictions of Government Code § 51220 . 5. Said Board shall not
eliminate, without written consent of the Owner or his successors
or assigns, a compatible use during the term of this Contract or
any renewals thereof.
9. Term and Renewal. This Contract shall be effective
commencing on the last day of December 2000, 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
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 ;1%) percent or the current fee provided by state law
2
of the cancellation value of the property being released from the
terms of this Contract. Said cancellation value shall be
determined in accordance with the provisions of Government Code
Section 51283 (a) and (b) . Under no circumstances shall the
payment of said cancellation fee be waived, deferred, or made
subject to any contingency whatever.
(c) Final cancellation shall be effectuated in accordance with
the provisions of Government Code Section 51283. 4 .
11. Cancellation Upon Substitution of New Restrictions.
This Contract may be canceled by mutual agreement of County and
Owner without payment of deferred taxes or public hearing if it is
replaced by an enforceable restriction authorized by Article XIII,
8 of the California Constitution.
12 . Eminent Domain Proceedings. (a) In accordance with the
provisions of the Government Code Section 51295, incorporated by
reference herein, upon the filing of any action in eminent domain
for the condemnation of the fee title of the land or any portion
thereof subject to this Contract or upon acquisition of such land
in lieu of eminent domain by public agency for a public
improvement, the provisions of this Contract shall be null and void
as to the land so condemned or acquired.
(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 as 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.
3
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.
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 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: ° By:
D uty Clerk hair, Bo d of Supervisors
4
OWNER
r-.
We the undersigned trust deed or other encumbrance holders do
hereby agree to and agree to be bound by the above imposed
restrictions.
JL2.
Approved as to Form:
Victor J. Westman, County Counsel NOTE: All signatures for Owner
must be acknowledged.
By:
Deputy
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On I ' i� t? before me,
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Date Nammof officer(e.g.,"Jane Doe,Nota blic")
personally appeared ,
Name(s)of Signals)
La personally known to me
�Ci-proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
KJtiltitSNXSUt7YAN subscribed to the within instrument and
CommWon# 1195344
y. / acknowledged to me that he/she/they executed
Notary Public-p y. Son FMrK_-1SC0 County the same in his/her/their authorized
my Comm.Ex> stp3, 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.
Piece Notary Seat Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
'title or Type of Document:- - � � t-%qG�
Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Individual
Tap of thumb here
L� Corporate Officer--Title(s):
C7 Partner—0 Limited 0 General
F-1 Attorney in Fact
Trustee
[] Guardian or Conservator
Ej Other:
Signer Is Representing:
01997 National Notary Assocletion•9350 De Soto Ave.,P.6,Box 2402•Chatsworth,CA 91313.2402 y Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827
5 '90 11:36 FIR
SCHEDULE I TO EXHIBIT A
THAT CERTAIN REAL PROPERTY IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
PARCEL ONE:
PARCEL A AS SHOWN ON THE MAP OF SUBDIVISION MS 169-79 FILED APRIL 7, 1981 IN
GOOK 94 OF PARCEL MAPS, PAGE 5, OFFICIAL RECORDS OF THE COUNTY OF CONTRA COSTA,
CALIFORNIA (APN 023-110-014)
EXCEPTING THEREFROM AN UNDIVIDED FIFTY PERCENT INTEREST (1/2)WI,N AL OIL,
H00 THE RiGHT
GAS AND MINERAL RIGHTS BEGINNING 500 FEET BELOW THE SURFACE, I
OF SURFACE ENTRY, AND A RIGHT TO FIFTY PERCENT (1!2) OF ANY AND ALL INCOME DERIVED
FROM AND AND ALL OIL, GAS AND MINERAL RIGHTS, INCLUDING, BUT NOT LIMITED TO
LEASE, EXTRACTION AND ROYALTIES AS RESERVED BY ROBERT H. HIRSCH IN RECORDED
DECEMBER 15, 1989 AS RECORDER'S INSTRUMENT NUMBER 89-255053 AND RE-RECORDED
AS RECORDER'S INSTRUMENT NUMBER OFFICIAL
RECO DS OF CONT COSTA COUNTY, CALIFORNIA.
PARCEL TW :
PARCEL B OF SUBDIVISION MS 169-79 FILED APRIL 7, 1981 IN BOOK 94 OF PARCEL MAPS,
PAGE 5, OFFICIAL RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA. (APN 023-110-015)
EXCEPTING THEREFROM ALL OIL, CAS AND MINERAL. RIGHTS BELOW 500 FEET AS RESERVED
IN THE DEED FROM DONALD F. BARSTAD AND MARY ELLEN BARSTAD, HIS WIFE, AS JOINT
TENANTS IN A TWO THIRD UNDIVIDED INTEREST RECORDED JANUARY 3, 1984, BOOK 11596,
PAGE 295, OFFICIAL RECORDS, AND AS RESERVED IN THE DEED FROM BERT THEODORE BARSTAD,
JR, AND BARBARA BARSTAD, HIS WIFE, AS JOINT TENANTS IN A ONE THIRD UNDIVIDED
INTEREST, RECORDED MARCH 28, 1986 BOOK 12805, ,PAGE 849, OFFICIAL RECORDS.
NOTE. BY GRANT DEED FROM DONALD F. BARSTAD AND MARY ELLEN BARSTAD, HIS WIFE, AS
JOINT TENANTS IN A TWO-THIRDS UNDIVIDED INTEREST AND BERT THEODORE BARSTAD-JR. AND
BARBARA BARSTAD, HIS WIFE, AS JOINT TENANTS IN A ONE-THIRD UNDIVIDED INTEREST,
THE OIL, GAS AND MINERAL RIGHTS WERE "TED TO ELLIS M. STEPHENS, A MARRIED MAN AS
HIS SOLE AND SEPARATE, PROPERTY, RESERVING THEREFROM.AN UNDIVIDED FIFTY PERCENT INTEREST
(1/2) JOINTLY OWNED BY EACH IN ALL OIL, GAS AND MINERAL RIGHTS BEGINNING 500 FEET
BELOW THE SURFACE, WITHOUT THE RIGHT OF SURFACE ENTRY, AND A RIGHT TO FIFTY PERCENT
(1/2) OF ANY AND ALL INCOME DERIVED FROM ANY AND ALL OIL, GAS AND MINERAL RIGHTS,
INCLUDING, BUT NOT LIMITED TO, LEASEjEXTRACTION AND ROYALTIES, RECORDED DECEMBER 15,
1989 AS RECORDER'S INSTRUMENT NO. 89-255057, AND RE-RECORDED ON
AS RECORDER'S INSTRUMENT NO. , OFFICIAL RECORDS OF CONTRA COSTA COUN Y,
CALIFORNIA.
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP# 00-0003
EXHIBITA
PROPERTY DESCRIPTION
Pursuant to Paragraph 2 of the Land Conservation Contract to which
this exhibit is attached, the land described below is designated as
the subject of said Contract. Said land is described as follows:
That real property located in the County of Contra Costa,
State of California, more particularly described as
follows: The legal description to said property is
contained in Schedule 1, consisting of 3 pages, attached
hereto and incorporated by reference herein.
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP# 00-0003
EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Section 84-42 . 402 (2) of the
Contra Costa County Ordinance Code and Paragraph 7 of the Land
Conservation Contract, of which this exhibit is made a part, the
land uses and structures described below are authorized without a
land use permit subject to the terms and conditions set forth
below. Said uses and structures shall be in conformance to those
authorized by Section 84-42 . 402 (1) and Section 84-42. 404 but shall
be subject to Section 84-42 . 602 through Section 84-82 . 1402 of
Chapter 8442 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: An "All frame building used as
an office, a barn or shed, and two boat docks.
3. Proposed Structures: None
4 . Existing Land Use: Agricultural-Farming Operation consistent
with present A-2: General Agricultural zoning district and
Delta Recreation land use designation in the General Plan.
5 . Proposed Land Use: Agricultural-Farming Operation would be
consistent with the A-4• Agricultural Preserve zoning district
and Delta Recreation land use designation in the General Plan.
6. Existing Use Compatible with Agricultural Use: Yes
d:PR\landcon\ellisframslandcon