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HomeMy WebLinkAboutMINUTES - 02122002 - C94 TO: BOARD OF SUPERVISORS > ;3 Contra FROM: DENNIS M. BARRY, AICDCosta COMMUNITY DEVELOPMENT DIRECTOR County DATE: FEBRUARY 12, 2002 SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.6-72 AFFECTING AN 82.49 PORTION OF APN: 006-220-002 AND APPROVE A NEW LAND CONSERVATION CONTRACT, LAND CONSERVATION CONTRACT NO. 01- 0007, FOR THE 82.49 ACRE PORTION OWNED BY ROBERT AND BARBARA MILNER SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution rescinding the existing Land Conservation Contract No.6-72 for a 82.49 acre portion of APN: 006-220-002 owned by Robert and Barbara Milner,ADOPT resolution approving a new contract, Land Conservation Contract No. 01-0007, with Robert and Barbara Milner for the 82.49 acre portion of APN: 006-220-002 owned the Milners, and AUTHORIZE the Chair to execute Land Conservation Contract No. 01-0007. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: X YES SIGNATURE ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM ITTEE APPROVE _ _ OTHER SIGNATURES : ACTION OF B07 N February 121 2002 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS (ABSENT None ) 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 February 12, 2002 _ cc: Community Development Dept, JOHN SWEETEN, CLERK OF THE BOARD OF CAO SUPERVISORS AND COUNTY ADMININISTRATOR County Counsel County Assessor(via CDD) CA Dept.of Conservation(via CDD) 04,x�'. DEPUTY Robert and Barbara Milner(via CDD) 3 February 12,2002 Board of Supervisors County File:AP##01-0007 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Robert and Barbara Milner, the owners of an 82.49 acre portion of APN: 006-220-002, located along Collier Canyon Road in the Tassajara area, have applied to place the acreage they own into a new Land Conservation Contract. APN: 006-220-002 is one of several parols originally placed under a Land Conservation Contract No.6-72 established on January 28, 1972 between the County and Rosie A. Vargas. The Milners, having recently acquired an 82.49 acre portion of APN: 006-220-002, intend to continue agricultural uses on the property, and to establish a residence on the property.They desire to rescind the existing Land Conservation Contract No. 6-72 only for the 82,49 acre portion APN: 006-220-002 that they own, and to enter into a now Land Conservation Contract.The new Land Conservation Contract would apply to the 82.49 acres owned by the Milners, it would reflect the agricultural uses the Milners intend to pursue on the property,and it would provide them with an opportunity to establish a residence on the property. 1 Attached is a copy of a Board Resolution rescinding the Land Conservation Contract No.6- 72 for the 82.49 acre portion of APN: 006-220-002 and a new contract, listed as Land Conservation Contract No.01-0007, for the 82.49acre portion of APN: 006-220-002 now under ownership by the Milners. It is recommended that the Board rescind that portion of Land Conservation Contract AP# 6-72 affecting the 82.49 acre portion of land now owned by the Milners and authorize the Chair to execute a new Land Conservation Contract with the Milnners, as defined in the attached Land Conservation Contract No. 01-0007. l As of January 11,2002,the County Assessor has not assigned a new Assessor Parcel Number(APN)for the 82.49 acre portion of APN:006-2.20-002 that was acquired in March 2001 by Robert and Barbara Milner. Once the new APN is assigned by the County Assessor, it would then apply to the new contract, Land Conservation Contract, No. 01-0007. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order onipebruary 112 by the following vote: AYES: S[JiEMSM UIQ, GERBER, DesAtJL=, GL(J m and GIOIA NOES: NM ABSENT: NOM ABSTAIN: RESOLUTION NO. 2002/89 SUBJECT: LAND CONSERVATION CONTRACT AP #01-0007 ) ) The Board of Supervisors of Contra Costa County RESOLVES that: 1 . Parties . BY THIS CONTRACT, made and entered into the 17tH day of February 2002 ,Robert and Barbara Milner (husband-and w-ife) 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 Descripti©n. 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 Qf Parties : Enforced -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 Eroperty 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 . CGgyerni ne a 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 E9/763 through O0 lbs . 1 Resolution No. 2002/89 7 . LaIld Use Restrzictioms. 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 Cade 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 . i.n said zoning ordinance, the provisions of the Contract as set forth in Exhibit B shall prevail . 8 . Modificatign of agstr cti ons . 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 npnm . This Contract shall be effective commencing on the last day of January 2002, 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 January 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. Canc (a) Except as provided in Section 11, the provisions of this Contract whereby owner agrees to restrict the use of the sand 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 'A%) percent or the current fee provided by state law of the cancellation value of the property beincg, 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 . 2 'Resolution No. 7.002/89 11. Cancel n Substitution -of Nemz 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 . I pr- dinau. (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 51.295 ., 13 . Remedies for Bread of CQatract, (a) In the event that owner fails to comply with the terms and conditions of this Contract and the effect of said breach to render the use of land 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 Qf Division Qsf Property, owner agrees that division of the property described in Exhibit A into .two (2) or more parcel, whether by sale, gift, by operation of law or by any other means, upgn a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be constructed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15 ., New Qontracts Up= 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 hears, successors and assigns of owner as established in Section 16 . 3 R;m uticm No. 2042189 16 . Coitgact 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 . Co ideration. 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 F=Qnae informa ign, The Owner shall annually furnish the County Assessor with such information a,s the Assessor may require to determine the valuation of the Owner' s land. 19 . Effect of Remoylug-2=serme 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. A'T'TEST: . COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors j By: ByAt : 1juguty Clerk ir, Board of Supervisors 4 Resolution No, 2=/89 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday, February 12, 2002 by the following vote: AYES: Supervisors UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002k"80 SUBJECT: RESCIND existing Land Conservation ) Contract No. 6-72 for an 82.49 Acre ) Portion of APN: 006-220-002 and ) AUTHORIZE the Execution of a ) new Land Conservation Contract ) No. 6-72 with Robert and Barbara Milner ) For the 82.49 acre portion of ) APN:006-220-002 owned by the Milners ) The Board of Supervisors of Contra Costa County RESOLVES that: On January 28, 1972, the Board of Supervisors adopted Resolution No.72/29 which authorized the Chairmain of the Board to execute Land Conservation Contract No. 6-72 with Rosie A. Vargas, and said contract was subsequently executed by the Board Chair, and recorded on February 15, 1972 affecting Assessor Parcel Number 006-220-002. On September 20, 2001, Robert and Barbara Milner the new owners of an.82.49 acre portion of Assessor Parcel Number 006-220-002 filed a letter to the Community Development Department requesting to rescind that portion affecting land that they own and to enter into a new Land Conservation Contract to reflect the agricultural uses that the Milners intend to pursue and to establish a residence on the property. RESOLVED, pursuant to Section 51254 of the California Government Code, the Board of Supervisors RESCINDS Land Conservation Contract No. 6-72 as it affects the 82.49 acre portion of APN: 006-220-002 owned by the Milners, and AUTHORIZES the Board Chair to execute a new contract, Land Conservation Contract No. 01-0007, with Robert and Barbara Milner. The Board further DIRECTS the Community Development Department to forward a copy of this resolution and the executed version of the new contract, Land Conservation Contract No. 01-0007, to the California Department of Conservation and the Office of County Assessor. I hereby certify that this is a true and correct copy of an action taken and entered on the Orig. Dept.: Community Development Department minutes of the Board of supervisors on the date shown. Contact: Patrick Roche(925/335-1242) ATTESTED; 262 cc: CA Dept. of Conservation JOHN SWEETEN, Clark OWIG god Office of County Assessor of supervisors and County Administrator Phi\d:boardrosolu ionnmindAP36-72 By Deputy RESOLUTION 2002/80 OWNER 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: Silva Marches ' , County Counsel N By: De y NOTE:All signatures for Owner must be acknowledged. OWNER &AIAAA %ktt 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: Silo o Marc e i, County Counsel By. eputy NOTE:All signatures for Owner must be acknowledged. 5 STATE OF CA LI r—O XJ'-Jf A COUNTY OFL } On �-� �' before me, =-Sf-S k� ko bgJ6 L�C S rvo -6RY (Name, Title of Officer) personally appearedC=�~r /� 1t� 1Z "tlZ ttti1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized 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. ' 1Nttitititttttttttltltttttttttitlttittililittttiitttitt� WITNESS my hand and official seal. ISAAC RODRIGUES � tr .. COMM.NO.1201167 NOTARY PUBLIC•CALIFORNIA � OC ,- ALAMEDA COUNTY Mr V,C1orm.1 Nov.Q&2= (Signature of Notary PublicIllittiHittli#tiitttttlittitttttitttttittttitttttttNttt (This area for notarial seal) .o STATE OF Q1AL 1 r-:0 e A)b l COUNTY OF (---N LPC A On C> Z before me, ..1. 5 4�4G. RUflf?–ACL,(E S ,L 1\J D y (Name, Title of Officer) personally appeared YY) I Ll\) 't` 0'-') VV2I LJ\J personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity0es), 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. E M.AAG RODRIGUES $ COMM.NO.1201167 X 2C—A�� ALAKDA COUNTY (Signature of Notary Public) vMY. Now.cc BOG! #1#1#111111111#111u#ili#11#t#Ulgl#111#11i#IIiN#11!11# (This area for notarial seal) CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 01-0007 EXHIBIT A PROEERTY DESCRI:P ION 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 11 consisting of 2 pages, attached hereto and incorporated by reference herein. 059625 February 22, 2001 V4 A Jab No. 00162 - /`�? } "Aisj EXHIBIT 'A' LEGAL DESCRIPTION Adjusted APN 006-220.002 All that real property situate in the County of Contra. Costa, State of California, described as follows: Being a portion of Lots 18, 19 and 20, as said lots are shown on the map of "HOILAND RANCH", .filed in Book 16 of Maps, at Wage 347, Contra Costa County Records, further described as follows: BEGINNING at the northwest comer of said Lot 19, THENCE leaving said Point of Beginning along the northerly prolongation of the westerly line of said. Lot 19, North 0039'00" West, 327.80 feet to a point on the northerly line of Section 14, Township 2 South, Range- 1 East, Mount Diablo Base and Meridian; THENCE South 8514+5'47" East, 769.54 feet to a point on the northerly line of said Lot 19; THENCE along said northerly line South 74047'00" East, 467.00 feet; THENCE South 78053'00" East, 206.00 feet, THENCE South 83°09'00" East, 196.00 feet.- THENCE eet,THENCE leaving said southerly line South 3021'50" East, 421.02 feet; THENCE South 88°06'50" East, 420.58 feet to a point on the northeasterly line of said Lot 19, also being the southwesterly line of Collier Canyon Road; THENCE along said southwesterly line South 52014'00" East, 275.77 feet, THENCE South 57°44'00" East, 1.54.67 feet; THENCE South 50021'00" East, 320.00 feet; THENCE leaving said southwesterly line South 69001'05" Fest, 3058.41 feet.to a point on the westerly line of said Lot 19, THENCE along said westerly line North 0°39'00" West, 1.818.80 feet to the Point of Beginning. Containing an area of 82.49 acres, more or less. „....r.,,.,r.ar+v.+ J`�-/Grua✓ 3Z?80 .Ul wt N � s APN 006-220-002 Q_ �D.00 2 S Sib Zi'�3O” :3zo.(30 M ,�► �t-'.r fix t�"f X. y� Ld V � ci END OF DOCUMENT EXHIBIT "B " � PLAT TO ACCOMPANY DeBolt Civil Engineering 2-001 . 8ii San Pawn Valley Boulevard LEGAL DESCRIPTION V` oanrllle; California 9 6 Ip ADJUSTED APN 006-220-002. 925 1837-3790 Job 1b•• 00162 CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO.AP00i-0007 ALLOWABLE LAND ES 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, except as otherwise noted below, 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 . Exist-;na Non--confor ingStructures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Chapter 82-8 : None. 2 . Existing i ng Conf rmi ng Structures None. 3 . Proposed Structures One single-family residence located on APR 006-220-002. Up to eight (8) sheds or buildings for storage of agricultural products and equipment located on AFM 006-220-002. Stand not exceeding 400 square feet for the sale of agricultural products grown on the premises .located on APN 006-220-002. 4 . Exist,ina Land Use Livestock Grazing 5 . Proposed Land Use Livestock Grazing and Cultivation 6 . Existing Use Qompgtible -with Agricultural Livestock Grazing* 7 . -Promsed Use Compati-ble. wi-th Agricuitur!2_1 Use: Livestock Grazing and Cultivation. Second unit residential (subject to a Land Use Permit) . Winery (subject to a Land Use Permit) . Greenhouse (subject to a Land Use Permit) . Horse Riding Academy or Dog Kennel (subject to a Land Use Permi t) . Wind energy conversion system (subject to a Land use ,Perm,it) . d:\1and-con.con\ap010007mi1ner RESOLUTION 2002,/ 7