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HomeMy WebLinkAboutMINUTES - 12022003 - C161 TO: BOARD OF SUPERVISORS. Contra FROM: DENNIS M. BARRY, ACCP y' ; y Count COMMUNITY DEVELOPMENT DIRECTOR a,: y DATE: DECEMBER 2, 2403 SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT FOR AP NO. 8-70 AS TO ASSESSOR PARCEL NO. 011-070-005; AND, APPROVE AND EXECUTE A NEW LAND CONSERVATION CONTRACT (AP#03-0002)WITH THE ANTHONY AND CATHLEEN MASSONI FAMILY TRUST AND ROY MASSONI FOR ASSESSOR PARCEL- NO. 011-070-005 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution rescinding the existing Land Conservation Contract No.8-70 as to APN: 011-070-005, located in the Brentwood area;ADOPT resolution approving a new contract, Land Conservation Contract No 03-03002, with the Anthony and Cathleen Massoni Trust and Roy Mansoni for APN: 011-070-005; and, AUTHORIZE the Chair of the Board of Supervisors to execute the contract. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: X YES SIGNATURE ` 1 v` RECOMMENDATION 67 COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM{TTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ISN Mc=r 2, IM3 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _ X UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES._ NOES: _ ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DACE SHOWN Contact: P. Roche,CDD-AP(925)335-1242 ATTESTED _ DWe*er 2 2003 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) B ,DEPUTY Roy Massoni(via CDD) December 2, 2003 Board of Supervisors County File:AP#03-0002 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Mr. Roy Massoni is seeking to build a new single family residence on Assessor Parcel Number (APN) 011-070-005, a 52 acre parcel located at 2103 Marsh Creek Road, in the Brentwood area. The subject parcel is one of four parcels that make up a 217-acre Agricultural Preserve (AP#8-70) established on February 17, 1970, between Mr. Leonard Cross and the Board of Supervisors. APN 011-070-005 was subsequently sold to Mr. Anthony Massoni, who is Roy Massoni's father, and it was then placed in a family trust. A copy of Board Resolution No. 70/11, establishing AP#8-70 and approving the Land Conservation Contract (Williamson Act contract) is attached as Exhibit"A" to this report. The original Williamson Act contract (AP#8-70) entered into in 1970 by Mr. Cross is still active for APN 011-070-005. The Anthony and Cathleen Massoni Family Trust and Roy Massoni wish to stay in the Williamson Act Program, but have requested that a new Land Conservation Contract be established to reflect their ownership of APN: 011-070-005 and to update the terms and conditions to allow the construction of a new single family residence on the parcel, which would be owned and occupied by Roy Massoni. The 52- acre parcel remains in agricultural cultivation, predominantly row crops, and a barn structure sits on the property. Attached as Exhibit "B" to this report is a resolution to rescind the portion of AP#8-70 as it affects APN: 011-070-005, and authorization to enter into a new Williamson Act contract covering the Massoni family. Attached as Exhibit"C" for the Board of Supervisors' consideration and approval is a new Land Conservation Contract(AP#03-0002)for APN:011-070-005 with the Massoni family. Approval of this new contract will retain APN:011-070-005 within Agricultural Preserve No. 8-70, and it will allow for the construction of one single family residence on the property. Attachments (3 Exhibit"A": Board Resolution 70/11 establishing Agricultural Preserve No. 8-70 and a Copy of the Land Conservation Contract(Williamson Act contract)affecting APN* 011-70-005 Exhibit"B": Resolution rescinding AP#08-70 as it affects APN: 011-070-005, now owned by the Massoni Family Trust Exhibit"C": new Land Conservation Contract with the Anthony and Cathleen Massoni Family Trust and Roy Massoni(AP#03-0002) DApatrickroche dWDVNPLAN\LANDCONS\ap030002mssoniboardorder.doc ........I....................................................................................... ..............................................-........ ........... .................. Exhibit "A" Board Resolution 70/11 establishing Agricultural Preserve No. 8-70 and a Copy of the Land Conservation Contract (Williamson Act contract) affecting APN: 011-701-005 t E • ii i'� f f is f: ♦ 51`. :` � ! • +i f s . r t f � :s � s f r : 1 s i .. is f i ♦ • i, • r i�: M- s X 'C R: is 4"r — f •i- a {: .y s :lu M "a i i S. Intent of Parties: Effect an Pre ert l value. It is the intent or the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVlZl of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation puzposes � is sebstantially as favorable to owner as the legislation existing on the i r last renewal date. Governin2ltatutes and Ordinances. The within Contract � s is made and entered into pursuant to the California Land Conservation } Act of 1365 (Chapter 7 of part 1 of Division l of Title 5 of the � lifdia Cove ens Code ca=anding 9jith Se-ti 53 tided by Chapter 11720 1969 Statutes). The within Contract is further made pursuant f to and subject to Contra Costa County Ordinance Codes, Title 8# Division 9* and Resolutions of the Contra Costa County Soard of Supervisors Nos. f d 7. Land Use Restrictionse During the term of this Contract or any renewals thereof the above described land shall not be used for i any purposeg other than the production of food and fuser and compatible s uses as listed In Contra Costs County Ordinance Code Section 8169* which is ,hereby incorporated by reference as If fully= not Barth herein# pro- i.ded# however,, that such additional uses as are net forth in Exhibit a. which is attached hereto and is hereby Incorporated by reference*.shall i also he permitted subject to the terms ad conditions set forth therein. in case of conflict at Inconsistency between the uses allowed in this s contract aad those specified In said zoning ordinance the provisions of the Contract as set forth in Exhibit 0 shall prevail. nR it .y, -s♦ le- - t Y�r- •x ti� ii �.:i s:j... •:. F n r.. _ .. " 4 .:Z. ; ♦gin. ♦ R t i 1 the lic X–Aterest. it in understood by the Parties that the axis— t race of as opportunity for another use of said land shall not be sufficient reason for the cancellation of the land use ,restrictions Imposed herein and that the uneconomic character of the existing use s t will he considered only if there is no comer reasonable or comparable agricultural use to which the land may be put® � Upon cancellation of said portions of this Contract* mer f E shall pay to the County Treasurer# as deferred taxes,, a cancellation fee in as aunt equal to fifty (50) percent of the cancellation value of the property being released from the tems of this Contract. Said cancellation value shall be datermined iu-ac r"ce wit the pr .is100s - € of Govta Code Section 51183 (a) and (h). If the Contract has been subject to a previous notice of non-renewalp the mut due shall be determined by multiplying the amount of deferred taxes computed above by the ratio that the neer of years remaining in than tem of the Contract bears to ten (10) years. i Under no circumstances shalt the`papent of saalA cancellation € fee be waivede deferred# or made subject to any contigency whatevert Final cancellation shall be effectuated its accordance with the provisions of Gatto Code Sectlan 51383.3* i 11. Cancellation You ,Substitution of Now Restrictions* This n iNNKNnII --SORes eF i®S!'lSl filR06a € S Contract may be canceled by mutual agreement of County and Omer without PaYment. of deferred taxes or public hearing if it is replaced by an en- forceable .restriction authorized by Article XXVIZZ of the California �onatitutionm 4 { : �,";. i-.:"- _ - �; .'- 3, it i� - •. w ' + a: a t •»r • a � O i r� r.r i'. R N- ♦ ;. y � :.�:: �. �i!:- 'i is- .' '. .; . �:. y K• ' � � x _ +' • iii .- �': � � i t:. 'y e i Y: �: r:... -M ii:�'.. ♦ is . i" ' _.._. _... vv .;� ♦ ' X _ ! _ 9 r a: a �: .�, s. a s F' � f.'_ �,i _ y — � i- M 3 i. _ Y.�:� � i ... F' 11 i � i•r. , �I Z�' * t t i r ::�: i :. : � ,: y � _�: .. � is • • t y :�.i A -:. � G: a •.�:� • . y; � _ a-�:�. .. --is � R:: j': •: R: 5 i[' M y, .•, a, # 9: ► s ! i r r :t ♦ � s t: x • ► > s i t '! ;, i#:: �: ► is x ♦ � x i ► # - #' • � !-j -! i is •� t z I!: - f :i: i �• i i i .• is :1 : ! y -• �: - ♦ y i' 1y # � • ys i; s s � is y . . _:: - ♦ • r y ! � r • •Y .. ��.... is -i :': .:_- - ♦ �� '- -:-•`, r:_ i,: < �. ; # EMS, •uis • a ,i i.:� ■ 'r ' t r-: is -s 1f 'a • s • • s ! 6: a. a: r r a Yf •'. i. fE x , J:ii �� :r a ♦ r f • x� :F :k-' Y ♦ _ x Exhibit "B" Resolution rescinding AP#08-70 as it affects APN 011-070-005, now owned by the Anthony and Cathleen Massoni Trust and Roy Massoni THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday, December 2,2003 by the following vote: AYES: Supervisors NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2003/ SUBJECT: RESCIND existing Land Conservation ) Contract No. 8-70 as to the 52 Acres } Comprising APN: 011-070-005; } AUTHORIZE the Execution of } new Land Conservation Contract ) No. 03-0002 with the Anthony and Cathleen ) Masson!Family Trust and Roy Massoni ) The Board of Supervisors of Contra Costa County RESOLVES that: On February 17, 1970, the Board of Supervisors adopted Resolution No. 70/11 which authorized the Chairman of the Board to execute a Land Conservation Contract for AP# 8-70 with Leonard E. Cross, for Assessor Parcel Nos. 011-070-005, 011-070-006, 011-070-009, and 011-090-010, covering 217 acres in the Brentwood area, which was subsequently executed by the Board Chair, and recorded on March 9, 1970. On September 15,2003, Mr. Roy Massoni submitted an application to establish a new and updated Land Conservation Contract covering the 52 acres comprising APN:011- 070-005,which is now under the ownership of the Anthony and Cathleen Massoni Trust,in order to reflect the Masson!Family ownership and to update the terms to allow construction of a single family residence on the property(County File: AP#03-0002). RESOLVED that,pursuant to Section 51254 of the California Government Code,the Board of Supervisors RESCINDS the Land Conservation Contract approved by Resolution No.70/11,covering AP#8-70 as to the 52 acres comprising APN:011-070-005,now under ownership of the Anthony and Cathleen Masson! Family Trust and Roy Massoni, and AUTHORIZES the Board Chair to execute a new contract,Land Conservation Contract No. 03-0002,with the Anthony and Cathleen Massoni Family Trust and Roy Massoni. 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. 03-0002, to the California Department of Conservation and the Office of County Assessor. Orig.Dept.:Community Development Department Contact:Patrick Roche(925/335-9242) cc: CA Dept.of Conservation Office of County Assessor RESOLUTION 2003/ Q:mibicWecM^^�y�„y-�"L1COlL4L_ m 1 I 05""' 1tl Exhibit "C" New Land Conservation Contract with the Anthony and Cathleen Massoni Family Trust and Roy Massoni {AP#03-0002} THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on December 2,2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. SUBJECT: LAND CONSERVATION CONTRACT ) No.AP 03-0002 ) The Board of Supervisors of Contra Costa County RESOLVES that the following Land Conservation Contract No.AP03-0002 is approved: I. Parties. BY THIS CONTRACT,made and entered into the second day ofDecember, 2003,Anthony and Cathleen Massoni Trust and Roy Massoni hereinafter referred to as"OWNER," and the County of Contra Costa,a political subdivision of the State of California,hereinafter referred to as"COUNTY,"do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County,which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A,attached hereto and made a part of this contract. 3. P=ose. 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 Pro e�rty 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 I of Division I 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 2002-472. 1 . 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 Iimited 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,2003,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(121/2%)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 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 Proceedinr~s. (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. 2 (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 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 countyratio 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 waiverof 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. 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. 3 .............. ....................... ......I.............. ............ ATTEST: COUNTY OF CONTRA COSTA JOHN SWEETEN,County Administrator and Clerk of the Board of Supervisors By: By: Deputy Clerk Chair,Board of Supervisors .......... f 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: Silvano .Marchesi,Cou ty Counsel By: Deputy County coups 1 NOTE:All signatures for Owner must be acknowledged. 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of N "i- On XC 3before me, Date Name and Tate of Officer(e.g.,"Jane hoe.Notary Public") personally appeared o ti ► i NaMe(s)of Signe!(s) ❑personally known to me Vj pt5ved to me on the basis of satisfactory evidence to be the persor 's)whose names re subscribed to the within instrument and acknowledged to me that ped ey xecuted ~ .MiCKMiN M.BOONE the sam in het authori Commission#1424480 capacity fes and that y 4ie! he' .r Notary Public-California signatur on the instrument the perso r Contra Costa County the entity upon behalf of which the persons My Comm.Expires Jun 16,2007 acted, executed the instrument. WI E my nd an officialsal. Inature of No ary Ptklic OPTIONAL Though the information below is not required by taw,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: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Sign Signer's Name: O Individual Top of thumb here El Corporate Officer— itle(s): G Partner—L7 Li ' d ❑General ❑ Attorney-in-F El Trustee ❑ Guardia or Conservator O Othe 1 Si er Is Re resentin L---� p 9 ®1999 National Notary Assooation•9350 De Sole Ave„P.O.fjox 2402 Chatswortt,,CA 9 t 3 f 32402 www.nahonalnntary.org Protl.No.5907 Reo!der.Ca11 Toll-Free 1-80of3766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S�. County of On &y. 2 Y' ( ~before me �1 i c , Data Nes and Title of OHicar(e.g.,'Jetta Doe,Nara uDtic") personally.appeared ���� I�� ��� m , Name(s)of 5ignarts) O personally known to me .,.proved to me on the basis of satisfactory evidence to be the person,arwhose name ts! e subscribed to the within�hel inst�ume�n and CL7NNIE RElU acknowledged to met # !they executed COfVffvi. #133436 © the same in his r �his horixed {+ "' capacity(i, an that by erltheir y NOTARY PUBLIC-CAL FORNJA CONTRA COSTA COUNTY "d signature(K on the instrument the personf,»f or MY Comm,Expires may 13,2005 Vthe entity upon behalf of which the person( acted, executed the instrument. TNESS my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required by taw,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: l Number of Pages: Signer(s)Other Than Named Above: h 'tr 'q "�S S n ( t ( 1 Capacity(ies) Claimed by Signer f Signer's Name: ON ONO � O Individual Top of thumb here O Corporate Officer—Title(s): Q Partner--O Limited O General 0 Attorney-in-Pact J © Trustee O Guardian or Conservator 0 Other:_ Signer Is Representing: 0 1899 National Notary Assodailon-9350 De Soto Ave..P-O.Box 2402•Chatsworth.CA 91313-2402 w oatiooatnofaryorg Pwd,No.5907 Nearder Cati Toto-Free 1-800-876.8827 ........... ......-......— .................. CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO.AP 03-0002 EXHIBIT 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 I pages,attached hereto and incorporated by reference herein. 6 ,24-08 11:47 Frog-CONTRA COSTA CUST SVC 8858687 T-409 P,04/04 F- 0 t�t` .ni�•ice ~ . •p�y�.,. r ! ff� EXHIBIT*A. I i A portion of the northwest quarter of Section 33, Township 2 Worth, Flange 3 hest, Mt. Diablo Baso and Meridien, described as follows: Beginning at the northwest corner of said northwest quarter and running each along the north line of said Quarter Section 1144 feet to the northwest corner of that certain parcel described in the Deed from Wney Taylor, at ux. to John T. Hansen, Listed CA September 22, 1919, recorded November 6. 1819, In Book 362 of Leeds, Page, 18&, thence along the westerly line of said Hanser, Pagel South 1980 feet to the southwest comer of said Hansen Parcel; thence west and parallel to the north line of said Ouarter Sootion 1144 feet to a point an the west line of said Quarter Section; thence along said vest line north 1980 feet to the point of beginning. :j I I i i r � t 1 ++I I 1 1 I i boacr�tion: Contra Costa,CA bacutner�t-Yrex.Dor2Li 5996.1133s$ v&90: 2 of 2 Ordaz'; 55-11-24-2003 10-39-55 Ad wa==nt: ADRZzNsr i CONTRA COSTA COUNTY LAND CONSERVATjON CONTRACT NO.AP 03-0002 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. I. 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 ConforminE Structures Barn on Assessor Parcel Number 011-070-005 3. Proposed Structures Assessor Parcel Number 011-070-005:one(1)home. 4. Existing Land Use Assessor Parcel Number 011-070-005:Agriculture cultivation of row crops. 5. Proposed Land Use Assessor Parcel Number 011-070-005:Same as listed above under 4. Existing Land Use. 6. Existing Use Compatible with Agricultural Use Assessor Parcel Number 011-070-005:A barn structure and agriculture cultivation of row crops. 7. Proposed Use Compatible with Agricultural Use: Assessor Parcel Number 011-070-005:one (1) home, a bam, and continued agriculture cultivation of row crops. RESOLUTION 2003/ GYviibMlK NA9 VNPIAN\L1uNbCONS�p43001 loc 7 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adapted this Order on Tuesday, December 2,2003 by the following vote: AYES: Supervisors Gioia, Uilkem, Greenberg, Gioia-and DeSaulnier NOES: None ABSENT: Norte ABSTAIN: None RESOLUTION NO. 20031775 SUBJECT: RESCIND existing Land Conservation ) Contract No.8-70 as to the 52 Acres ) Comprising APN: 011-070-005; } AUTHORIZE the Execution of ) new Land Conservation Contract ) No. 03-0002 with the Anthony and Cathleen ) Massoni Family Trust and Roy Massoni } The Board of Supervisors of Contra Costa County RESOLVES that: On February 17, 1970, the Board of Supervisors adopted Resolution No. 70111 which authorized the Chairman of the Board to execute a Land Conservation Contract for AP#8-70 with Leonard E. Cross, for Assessor Parcel Nos. 011-070-005, 011-070-006, 011-070-009, and 011-090-010, coveting 217 acres in the Brentwood area, which was subsequently executed by the Board Chair,and recorded on March 9, 1970. On September 15, 2003, Mr. Roy Massoni submitted an application to establish a new and updated Land Conservation Contract covering the 52 acres comprising APN:011- 070-005,which is now under the ownership of the Anthony and Cathleen Massoni Trust,in order to reflect the Massoni Family ownership and to update the terms to allow construction of a single family residence on the property(County File:AP#03-0002). RESOLVED that,pursuant to Section 51254 of the Califomia Government Code,the Board of Supervisors RESCINDS the Land Conservation Contract approved by Resolution No.70111,covering AP#8-70 as to the 52 acres comprising APN:011-070-005,now under ownership of the Anthony and Cathleen Massoni Family Trust and Roy Massoni, and AUTHORIZES the Board Chair to execute a new contract,Land Conservation Contract No. 03-0002,with the Anthony and Cathleen Massoni Family Trust and Roy Massoni. 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. 03-0002, to the California Department of Conservation and the Office of County Assessor. i hereby certify that this is a true and correct Orig.Dept.:Community Development Department copy of an action taken and entered on the Contact:Patrick Roche(925!335-1242) cc: CA rept,of Conservation minutes of the Board of Supervisors Can the Office of County Assessor date shown. ATTIwSTED: December 2, 2003 RESOLUTION 20031 775 JOHN SWEETEN, Clerk of the Board o� 1pervisors and 9qunty,lA finis rator s ,frf � ; THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 2, 2003 by the following vote: AYES: stMMISORS GIOIA, MUM, Gunum, GLOM and DF-'SMMM NOES: NM ABSENT:NONE ABSTAIN:NONE RESOLUTION NO. 2003/776 SUBJECT: LAND CONSERVATION CONTRACT ) No. AP 03-0002 ) The Board of Supervisors of Contra Costa County RESOLVES that the following Land Conservation Contract No.AP03-0002 is approved: 1. Parties. BY THIS CONTRACT,made and entered into the second day of December, 2003,Anthony and Cathleen Massoni Trust and Roy Masson hereinafter referred to as"OWNER," and the County of Contra.Costa,apolitical subdivision of the State of California hereinafter referred to as "COLNTY," do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real propertylocated within the County,which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses and to compatible uses specified in this agreement in order to discourage premature and unnecessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the preservation of such land in agricultural production constitutes an important physical, social, aesthetics and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the 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 2002-472. RESOLt ON No. W03/776 1 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, 2003, 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(121/2%)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. It. Cancellation U on 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. 2 (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 Govenunent 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 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 ofProperty. 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 Section16. 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 inconsideration 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 annuallyfurnish 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 Zonini,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. 3 ATTEST: COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: r By: Deputy Clerk Chair, Board of Supervisors 4 ................................ OWNER ...........j 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: Silvano B.�Iarchesi, County Counsel By: Deputy County Counskl) NOTE: All signatures for Owner must be acknowledged. 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On efore me, c Date �1 �� Name end Tttie of Qfter(aq.,"Jane oe,Notary:P Nc" 1 personally appeared 1 Name(a}of 5igner(sl t ©pe nally known to me roved to me on the basis of satisfactory evidence to be the person whose name s isare subscribed to thwithin iris ent and .fr►. ir acknowledged to me the executed JACKQULIN M.BGtdf the same in We hel author' C+emmfsn#1424980 capacity s and that y hei IVoi4atlt two•CaUforn&a signatur�on the it the perso or C01ha C0sha County the entity upon behalf of which the persor +EVWJun 16, 07 acted, executed the instrument. WlT 55 my nd and officlal al. na#Ura at Notary Pub4c OPTIONAL Though the information below is not required by taw,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[late: N of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual lop of thumb mere [D Corporate Officer—Title ❑ Partner—❑Limited eneral ❑ Attorney-in-Fact ❑ Trustee Guardian or nservator ] Other: Signer Ftepresenting: 0 1999 Nationai Notary Aasocia{xin•8350 9a Soto Ave.,P.O.Sox 2402+Chatsworth,CA 91313-2402+www.nationainotary.org Prod.No.5907 Reorder:Cali las-Free 1.840.878-5827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor is S5. County of �r1 On 1�s 1 V . a before meLtuv, 6 Date Name and Tate of Ofter;e.g„"Jana One,Notary P411 personally appeared.-R a s Name(s)of Slpar{s) El personally known to me ' provad to me on the basis of satisfactory evi encs to be the person f 7whose name( re subscribed to the withi instrument and acknowledged to mej% a/they executed the same in h! er/their �{thorized CONNIE S,REID capaci�, and that by cfhWher/their ' COMM. #1304356 signature„( on the instrument the personor"or NOTARY i UBUC-CAi l"'I.I(A� the entity upon behalf of which the parson(W CONTRA COSTA COUNTY acted, executed the instrument. MV Comm FxPirres may 113,2005 W�RNESS my hand and official seal. Signature of Notary P blfo 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: _VV tr�� Document Date: !Number of Pages: - Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MEN El Individual lip of thumb here 1 Corporate Officer w-Title{s): © Partner—0 Limited 13 General • Attorney-in-Pact © Trustee l7 Guardian or Conservator 0 Other: Signer Is Representing: 0 7986 Natonat WON Aaooiatlon.050 Ge Sato Ave..P.o,Bw 2402•Chatsworth,CA 61313.2402+wwws adonairroWry.nrg prod.No.507 Reorder;Gall Tos•frae 1.500475.5627 CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 03-0002 EXHIBIT A 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 I pages, attached hereto and incorporated by reference herein. n . t VXHi tT "A" portion of tl a northwest quarter of Section 33, Township 2 North, Flange 3 East. Mt. Diablo Base andPerldian, described as follows: Beginning at the northwest corner of said northwest quarter and running each along the north line of said quarter Section 1144 feet to the northwest corner of thal certain Parcel descdbed in the Deed from Voiney Taylor. at ux, to John T. Hanson, dated September 22, 1918, recorded November 6, 1819, In Book 362 of heeds, Page 186:. thence along the westerly line of said Hansen Parcel South 1980 fleet to the southwest airier of said Hansen Parcel: thence west and parallel to the north line of said Ouarter Seaton 1144 feet to a paint on the west tine of said quarter Section: thence along said west line north 1980 feet to the point of beginning. ­,''..''.................................................I....................... ..................................... CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 03-0002 EXHI131T 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: None. 2. Existing Conforming-Structures Barn on Assessor Parcel Number 011-070-005 3. 'PMposed Structures Assassgr Parcel Number 019-070-005: one (1) home, 4. Existing Land Use Assessor Parcel Number 011-070-005:Agriculture cultivation of row crops. 5. Proposed-Land Use Assessor Parcel Number 011-070-005:Same as listed above under 4. Existing Land Use. 6. Existing Use Compatible with Agricultural Use Assessor Parcel Number 011-070-005:A barn structure and agriculture cultivation of row crops. 7. Proposed Use Compatible with Agricultural Use: Assessor Parcel Number 011-070-005. one (1) home, a bam, and continued agriculture cultivation of row crops. RESOLUTION 2003/776 WRWJWhe d\ADVNPLANtANDr0NM.P03002.d. 7