HomeMy WebLinkAboutMINUTES - 01222008 - C.65 Y 7
TO: BOARD OF SUPERVISORS .
Contra
FROM: DENNIS M. BARRY, AICP M Costa
COMMUNITY DEVELOPMENT DIRECTOR County
rq iod�''1
DATE: January 22, 2008
SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO. 8-70 AS TO PROPERTY
COMMONLY REFERRED TO AS ASSESSOR PARCEL NO. (APN) 011-070-014 AND
APPROVE A NEW LAND CONSERVATION CONTRACT, NO. 08-0001, FOR SAID
PROPERTY WITH ELOISA M. RUIZ TRUSTEE OF THE RAFAEL S. AND REGINA A.
MARTINEZ FAMILY SURVIVOR'S TRUST DATED 03-07-02, BYRON AREA. (COUNTY
FILE AP #07-00005) (SUP. DIST. 111)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. DETERMINE that the proposed actions are categorically exempt from the California
Environmental Quality Act (CEQA Regs, Section 15317, Class 17).
2. ADOPT Resolution No. 2008/003 rescinding existing Land Conservation Contract No. 8-70
as to the parcel commonly identified as APN 011-070-014.
3. ADOPT Resolution No. 2008/004 approving Land Conservation Contract No. 08-0001 for
the parcel commonly identified as APN: 011-070-014 with Eloisa M. Ruiz Trustee of the
Rafael S. and Regina A. Martinez Family Survivor's Trust dated 03-07-02.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
,.>�2ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
---APPROVE OTHER
SIGNATURE(S : ,
ACTION OF BC 6U O -2.2 ^tel APPROVED AS RECOMMENDED ✓ OTHER
VF
E OF SUPERVISORS ��//�' I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT/rte— 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: James Cisney, CDD-AP(925) 335-1314 ATTESTED
cc: Community Development Dept. JOHN CU , CLERK 66F THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMININISTRATOR
County Counsel
County Assessor(via CDD)
CA Dept. of Conservation(via CDD) BY - DEPUTY
Eloisa M. Ruiz Trustee, Rafael S. and Regina A. IV
Martinez Family Survivor's Trust dated 03-07-02.(via CDD)
Ja+;,,,-Iary 22, 2008
Board of Supervisors
County File: AP07-00005
Land Conservation Contract No. 08-0001
RECOMMENDATIONS - continued
4. AUTHORIZE the Chair to execute Land Conservation Contract No. 08-0001
5. DIRECT the Community Development Department to record the above resolutions with the
County Recorder and to forward copies of these resolutions to the California Department of
Conservation, and the Office of the County Assessor.
6. DIRECT the Community Development Department to file a Notice of Exemption under
CEQA with the County Clerk.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Eloisa M. Ruiz Trustee of the Rafael S. and Regina A. Martinez Family Survivor's Trust dated 03-07-
02, ("Owner")owns that property described in Exhibit A to proposed resolution to RESCIND existing
Land Conservation Contract No. 8-70 as to land commonly known as Assessor's Parcel No. 011-
070-014. Owner has applied to place the property into a new Land Conservation Contract.
The Williamson Act program (Government Code, Sections 51200 et. seq.), through Land
Conservation Contracts, restricts land uses and structures on property under contract. The
Williamson Act provides for a process to rescind an existing contract and enter into a new contract
by mutual agreement between the parties provided that the new contract remains consistent with the
intent and purpose of Williamson Act.
Owner intends to continue agricultural uses on the property, but she wants her own separate
contract that reflects existing permitted structures (with building permits on file with the Building
Inspection Department) and uses; and that allows for an expanded walnut processing shed and
living accommodations for agricultural workers employed on the property. Owner desires to rescind
the existing Land Conservation Contract No. 8-70 only for her property for the purpose of entering
into the new Land Conservation Contract. The expansion of the walnut processing shed and the
provision of living accommodations for agricultural workers supports the agricultural use of the land
and therefore conforms to the Williamson Act and the County Code.
2
GG S
' Ja;u6ry 22, 2008
Board of Supervisors
County File: AP07-00005
Land Conservation Contract No. 08-0001
BACKGROUND/REASONS FOR RECOMMENDATIONS - continued
Land Conservation Contract No. 8-70 was entered on February 17, 1970 by Resolution No.
70/11 between the County and Leonard and Beatrice Cross. The contract was subsequently
amended on February 28 1970.The property is located in Agricultural Preserve No. 8-70, also
established on February 17, 1970 by Resolution No. 70/11.
The subject parcel, commonly known as Assessor's Parcel No. 011-070-014, was created by a
minor subdivision(County File MS 94-88). The subdivision was approved by the County on June 20,
1989 with Resolution No. 89/404.The subject property configuration was subsequently modified by
lot line adjustment (County File LLA98-0032).
This parcel is considered prime agricultural land. The land qualifies for rating as Class I in the
Natural Resource Conservation Service land use capability classifications. Pursuant to the
Williamson Act, land that qualifies for Class I rating is considered prime agricultural land
(Government Code § 51201 (c) (1)). Under Government Code Section 51222, prime agricultural
land at least 10 acres in size is presumed to be large enough to sustain the agricultural uses
permitted under contract. This parcel is 20 acres of prime agricultural land, and is therefore
presumed to be large enough to support the contracted agricultural uses.
The property will continue in Agricultural Preserve No. 8-70. The Williamson Act states that an
Agricultural Preserves shall consist of no less than 100 acres (Government Code § 51230). With
approximately 221 acres, Agricultural Preserve No. 8-70 exceeds this threshold. With the rescission
of the original contract and the adoption of the new contract the amount of acreage within the
preserve will remain the same.
The actions associated with the establishment of a Land Conservation (Williamson Act) Contract
described above are categorically exempt from the California Environmental Quality Act (CEQA
Regs, Section 15317, Class 17).
Attachments o
Exhibit"A" Resolution No. 2008/003 - RESCIND existing Land Conservation Contract No. 8-70 as to
land commonly known as Assessor's Parcel No. 011-070-014.
Exhibit"B" Resolution No. 2008/004- LAND CONSERVATION CONTRACT NO. 08-0001
AGRICULTURAL PRESERVE NO. 8-70. ASSESSOR PARCEL NO. 011-070-014.
G:\Advance Planning\cisneyMilliamson Act Program\Board Orders\07-0010ruiz8-70(4).doc
3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 22,2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/004
SUBJECT: LAND CONSERVATION CONTRACT NO. 08-0001 )
AGRICULTURAL PRESERVE NO. 8-70 )
ASSESSOR'S PARCEL NO. 011-070-014 )
The Board of Supervisors of Contra Costa County RESOLVES that:
1. Parties. BY THIS CONTRACT, made and entered into f 2008,
Eloisa M. Ruiz Trustee of the Rafael S. and Regina A. Martinez Family Survivor's Tfust dated 03-
07-02,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. 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 Prol2egy Value. It is the intent of the County and Owner
that this Contract is conditioned upon the continued existence of legislation implementing Article
G G�
7
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 68-635
and 69-763.
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 herein.
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
January, 2008, 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. 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
RESOLUTION 2008/004
2
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 '/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 Proceedings. (a)In accordance with the provisions of 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 is to render the use of land or a
substantial portion thereof unfit for 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
RESOLUTION 2008/004
3
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 value will be paid than would have
been paid had there been no change of ratio.
(b)It is understood that nothing herein contained shall constitute a waiver of any right
which the County may now or in the future have to seek specific performance of this Contract or
other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance
shall also apply if the land which is the subject of this contract is used for purposes other than those
provided in Ordinance Code Chapter 84-42 or this Contract.
14. Effect of Division of Property. Owner agrees that division of the property described
in Exhibit A into two (2)or more parcels,whether by sale, gift,by operation of law or by any other
means, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate
preservation of said property for exclusive agricultural use,be construed by the County as notice of
non-renewal by the property owner as provided in Section 9 of this Contract.
15. New Contracts Upon Division. In the event the land under this Contract is divided,a
Contract identical to the Contract then covering the original parcel shall be executed by Owner on
each parcel created by the division at the time of the division. Any agency making an order of
division or the County which has jurisdiction shall require, as a condition of the approval of the
division,the execution of the Contracts provided for in this section,provided,however,that failure
of Owner to execute Contracts upon division shall not affect the obligations of the heirs,successors
and assigns of Owner as established in 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 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.
RESOLUTION 2008/004
4
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.
COUNTY OF CONTRA
By:
Ch 'r, Board of Supervisors
ATTEST: ;�� 2
JOHN CU LEN, County Administrator
and Clerk of th oard of Supervisors
By:
uty Clerk
OWNER
Eloisa M. Ruiz Truste of the Rafael S. and
Regina A. Martinez Family Survivor's
Trust dated 03-07-02
We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be
bound by the above-imposed restrictions.
[none]
Approved as to Form:
Silvano Marchesi, County Counsel
By:
Deputy County Coun
4
NOTE: All signatures for Owner must be acknowledged.
RESOLUTION 2008/004
5
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 08-0001
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 page, attached hereto and incorporated by reference
herein.
RESOLUTION 2008/004
6
. J
SCHEDULEl
All that certain real property situated in the Unincorporated Area, County of Contra Costa, State of California,
described as follows:
PARCEL ONE:
Parcel A as shown on the Parcel Map filed July 3, 1989 in Book 140 of Parcel Maps, Page 47, Contra Costa
County Records.
Excepting therefrom: All that portion thereof granted to Richard Ronald Cross, an unmarried man, in the deed
dated February 16, 2001, and recorded November 20, 2001, Series No. 2001-0355942, Official Records.
PARCEL FOUR:
A portion of Parcel A of Subdivision MS 19-92 filed October 3, 1994 in Book 165 of Parcel Maps, at Page 18
and 19, Contra Costa County Records, further described as follows:
Commencing at the most Northwesterly corner of Parcel "A"of that certain Subdivision MS 94-88 filed July 3,
1989 in Book 140 of Parcel Maps, at Page 47 and 48, Contra Costa County Records; thence South 890 20' 50"
East 222.50 feet along the North line of last said Parcel "A"; thence South 000 40' 10" West, 309.34 feet to the
point of beginning for this description; thence South 00°40' 10" West 309.39 feet to a point on the Westerly
prolongation of the South line of said Parcel "A" of said map (140 PM 47); thence South 89° 22' 02"East,
220.48 feet to the Southwest corner of Parcel "A" of said map (140 PM 47);thence along the Westerly line of
last said Parcel "A"North 34° 49' 04" West, 379.79 feet to the point of beginning.
APN: 011-070-014
J'
LAND CONSERVATION CONTRACT NO. 08-0001
AGRICULTURAL PRESERVE NO. 8-70
ASSESSOR PARCEL NO. 011-070-014
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 84-42.1402.404 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. Existin�Conforming Structures Structures
Single-family dwelling, walnut processing shed.
3. Proposed Structures
Expanded walnut processing shed, living accommodations for agricultural workers
employed on the property.
4. Existing Use
Orchard.
5. Proposed Land Use
Orchard.
RESOLUTION 2008/004
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
� ss.
h�- (IST14f�
On A ? / O�', before me, ��� 0 (�
Date Name and Tdle of Officer(e. "ane Doe,Notary Public")
personally appeared �/19
Name(s)of Signer(s)
personally known to me
r proved to me on the basis of satisfactory evidence
to be the persons whose name( is/ere subscribed
11 CORM to the within instrument and acknowledged to me that
CornnUMon * 1748537 4@Ashe4Hi9t executed the same in 4islher 4eir
No"F%A>Hc -California authorized capacity(ie5), and that by 4isr(herA4*_r
Contra Costa County signatureA on the instrument the persono, or the
*C.orm,'LBOWAM30,20tt entity upon behalf of which the person($) acted,
executed the instrument.
WITNESS y nd doff' al eal.
Place Notary Seal 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.
Descript of Attached Document
Title or Type o cument:
Document Date: _ NumbePages:
Signer(s) Other Than Named Abos�
Capacity(ies) Claimed by Signer(s)
Signer's Name: igner's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): orporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Pa r—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb hore ❑ Attorney ' act Top of thumb here
ElTrustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conse for
D. Other: ❑ Other:
Signer Is Repres fng: Signer Is Representing:
2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
L�
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday, January 22, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/003
SUBJECT: RESCIND existing Land Conservation Contract No. 8-70 )
as to land commonly known as Assessor's Parcel No. 011-070-014 )
The Board of Supervisors of Contra Costa County RESOLVES that:
On February ].7, 1970,the Board of Supervisors adopted Resolution No. 70/11 establishing
Agricultural Preserve No. 8-70 and authorizing the Chairman of the Board to execute Land
Conservation Contract No. 8-70 with Leonard and Beatrice Cross, covering 217.71 acres in the
Byron area including the 20.00 acres that make up the parcel commonly referred to as APN: 011-
070-014.
On May 1, 2007, Eloisa M. Ruiz Trustee of the Rafael S. and Regina A. Martinez Family
Survivor's Trust dated 03-07-02, owner of the land described in Exhibit A, attached hereto and
incorporated herein by this reference,which land is commonly referred to as APN 011-070-014(the
Property),filed an application with the Community Development Department requesting to rescind
that portion of Land Conservation Contract No. 8-70 affecting the Property, and to simultaneously
enter into a new Land Conservation Contract for the Property
The Property is comprised of one parcel created as a result of a minor subdivision (County
File MS 94-88) that was subsequently altered by a lot adjustment (County File LLA98-0032).
RESOLVED, pursuant to Section 51254 of the California Government Code, the Board of
Supervisors RESCINDS Land Conservation Contract No. 8-70 as to the Property,effective January
22, 2008.
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF SUPERVISORS ON THE
DATE SHOWN
ATTESTED,
JOHN CU ,CLERK OF ARD OF SUPERVISORS
AND CO ADMININIST OR
ByW00,
_ Ie��EPUTA'
EXHIBIT A
PROPERTY DESCRIPTION
This exhibit is an attachment to the Resolution Rescinding the Land Conservation Contract as to
property described as follows:
That real property located in the County of Contra Costa, State of California, more
particularly described as follows: The legal description to said property is contained
in Schedule 1, consisting of 1 page, attached hereto and incorporated by reference
herein.
RESOLUTION 2008/003
2
SCHEDULE 1
All that certain real property situated in the Unincorporated Area, County of Contra Costa, State of California,
described as follows:
PARCEL ONE:
Parcel A as shown on the Parcel Map filed July 3, 1989 in Book 140 of Parcel Maps, Page 47, Contra Costa
County Records.
Excepting therefrom: All that portion thereof granted to Richard Ronald Cross, an unmarried man, in the deed
dated February 16,2001, and recorded November 20, 2001, Series No. 2001-0355942, Official Records.
PARCEL FOUR:
A portion of Parcel A of Subdivision MS 19-92 filed October 3, 1994 in Book 165 of Parcel Maps, at Page 18
and 19, Contra Costa County Records, further described as follows:
Commencing at the most Northwesterly corner of Parcel "A" of that certain Subdivision MS 94-88 filed July 3,
1989 in Book 140 of Parcel Maps, at Page 47 and 48, Contra Costa County Records;thence South 89°20' 50"
East 222.50 feet along the North line of last said Parcel "A";thence South 00° 40' 10" West, 309.34 feet to the
point of beginning for this description; thence South 00° 40' 10" West 309.39 feet to a point on the Westerly
prolongation of the South line of said Parcel "A" of said map (140 PM 47);thence South 89° 22' 02" East,
220.48 feet to the Southwest corner of Parcel "A" of said map (140 PM 47); thence along the Westerly line of
last said Parcel "A"North 34° 49' 04" West, 379.79 feet to the point of beg nning.
APN: 011-070-014