HomeMy WebLinkAboutMINUTES - 01132009 - C.05 :lam -i
TO: BOARD OF SUPERVISORS �_SE•L Contra
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
n.
DATE: January 13, 2009 �•• ,•- ,y�4o
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�� County
SUBJECT: Accepting Scenic Easements and Development Rights Agreement, for SD 02-08566, San Ramon
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
_RECOMMENDATION(S): .
ADOPT Resolution No. 2009/accepting Scenic Easements and Development Rights Agrement, for
Subdivision 02-08566, for project being developed by Wiedemann Ranch, Inc., as recommended by the Public
Works Director, San Ramon area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The scenic easements and development rights agreement is required by conditions of approval no. 4.1 for DP
97-03019 and also required for SD 02-08566.
.CONSEQUENCES OF NEGATIVE ACTION:
The scenic easements and development rights agreement will not be recorded.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
I APPROVE _OTHER
SIGNATURE (S): h-J
ACTION OF BOARD ON APPR ED AS RECOMM NDED OTHER
VO1 of SUPERVISORS I hereby certify that this is a true and correct
1/ UNANIMOUS(ABSENT 012 copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date Shown.
HSJc
G:\EngSvc\BO\2009\01-13\SD 02-08566 BO-27 FORM-dcd edits.docx
Originator: Public Works(ES)
Contact: J.LaRocque(313-2315) ATTESTED. 3 'O�
Recording to be completed by First American Title DAVID TW Clerk ofd e Board of
6683 Owens Drive,Pleasanton,CA 94588
cc: Current Planning,Department of Conservation and Development Supervisors and County Administrator
Wiedemann Ranch,Inc.
6988 Highland Rd.
Pleasanton,CA 94588
First American Title
6683 Owens Drive By , Deputy
Pleasanton,CA 94588
Attn:Sue Pratt
Assessor
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2009 by the following vote:
AYES: Gioia,Uilkema,Piepho,
Glover,and Bonilla
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2009/
SUBJECT: Accepting Scenic Easements and Development Rights Agreement, for SD 02-08566, for project
being developed by Wiedemann Ranch, Inc., as recommended by the Public Works Director,
San Ramon area. (District III)
The Board of Supervisors of Contra Costa County FINDS that:
A. The preservation of the land as open space is consistent with the General Plan of Contra Costa County;
and
B. The preservation of the land as open space is in the best interest of Contra Costa County and specifically
because:
I hereby certify that this is a true and correct copy of
Ils:ie an action taken and entered on the minutes of the
G:\EngSvc\BO\2009\01-13\SD 02-08566 BO-27 FORM-dcd edits.docx
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: J.LaRocque(313-2315)
Recording to be completed by First American Title n_ _
6683 Owens Drive,Pleasanton,CA 94588 ATTESTED:
cc: Current Planning,Department of Conservation and Development
Wiedemann Ranch,Inc. DAVID TWA Jerk of thq rd of Supervisors and
6988 Highland Rd. County Administrator
Pleasanton,CA 94588
First American Title
6683 Owens Drive
Pleasanton,CA 94588
Attn:Sue Pratt By— _, Deputy
Assessor
RESOLUTION NO.2009/
SUBJECT: Accepting Scenic Easements and Development Rights Agreement, for SD 02-08566, for project
being developed by Wiedemann Ranch, Inc., as recommended by the Public Works Director,
San Ramon area. (District III)
DATE; January 13, 2009
PAGE; 2
(1) The land is essentially unimproved and if retained in its natural state Has scenic value to the public
and is valuable as a watershed and a wildlife preserve, and the agreement contains appropriate
covenants to that end;
(2) It is in the public interest that the land be retained as open space because such land either will add to
the amenities of living in neighboring urbanized areas and will help preserve the rural character of
the area in which the land is located; and
(3) The public interest will otherwise be served by the preservation of rural view of life, scenic beauty
and with the purposes of Section 8 of Article XIII of the Constitution of the State of California, and
therefore shall be valued for property tax purposes only on a basis that is consistent with its
restrictions and uses.
THEREFORE, the Board of Supervisors of Contra Costa County RESOLVES that the following
instrument is ACCEPTED and AUTHORIZES that the Board Chair to execute said instrument:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Scenic Easements and 211-210-057 Wiedemann San Ramon III
Development Rights 211-210-058 Ranch, Inc.
Agreement 211-210-059
211-210-078 (ptn.)
211-230-009
211-230-011
RESOLUTION NO. 20091 /�"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
Community Development Division
651 Pine Street,North Wing, 2"d Floor ~ -
Martinez, CA 94553
APN: 211-210-057, 211-210-058, 211-210-059,
211-210-078 (ptn.), 211-230-009, 211-230-011
SPACE ABOVE FOR RECORDER'S USE ONLY
SCENIC EASEMENTS AND DEVELOPMENT RIGHTS AGREEMENT
(Wiedemann Ranch)
This deed of scenic easements and development rights (the "Agreement") is made
by and between Wiedemann Ranch Inc., a California Corporation ("Grantor"), and
Contra Costa County, a political subdivision of the State of California ("Grantee").
RECITALS
A. Grantor is the sole owner in fee simple of that certain real property in
Contra Costa County, California, comprising Contra Costa County Assessor's Parcel No.
211-210-057,.211-210-058, 211-210-059, 211-230-011, 211-230-009 and a portion of
211-210-078 being more particularly described as those lots, shown and so designated on
the map of Subdivision 8566, as Lot 1, Lot 2, and Lot 3, filed in Book of Maps at
page in the Office of the County Recorder of Contra Costa County, California
(the"Property").
B. Each of the three lots (collectively the "Agricultural Lots") consists of three
areas described as follows:
Tier 1, Tier 2 and Tier 3, being portions of Lot 1, as shown and so
designated on said map of Subdivision 8566.
Tier 1, Tier 2 and Tier 3, being portions of Lot 2, as shown and so
designated on said map of Subdivision 8566.
a
Tier 1, Tier 2 and Tier 3, being portions of Lot 3, as shown and so
designated on said map of Subdivision 8566.
C. On November 23, 1992 the Contra Costa County Board of Supervisors
approved vesting tentative maps for Subdivisions 7575 and 7578, together constituting
the-Wiedemann Ranch Residential Community project (the"project"), subject to
conditions of approval. On January-11, 1998, the San Ramon Valley Regional Planning
Commission approved a second amendment to the vesting tentative map approvals, and
amended the Final Development Plan for the project, Development Plan No. DP97-3019,
subject to amended conditions.
D. Condition 4.1 of vesting tentative map for subdivision 7575 and
Development Plan No. DP97-3019 (as amended) requires a restrictive covenant and
scenic easement instrument, which describes the development limitations on the
Agricultural Lots,to be recorded with the final map that creates designated remainder lots
7575, 7996, and 7998.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, and in consideration of
the mutual covenants, terms, conditions and restrictions contained herein, Grantor hereby
voluntarily grants to Grantee a scenic easement in perpetuity over the Property of the
nature and character and to the extent hereinafter set forth. Grantor also extinguishes and
terminates certain development rights associated with the Property as hereinafter set
forth.
1. Purpose. The purpose of this Agreement is to preserve and protect in
perpetuity the open space and scenic values of the Property; and to enable the Property to
remain in agricultural uses by preserving and protecting in perpetuity its agricultural
values, character, use and utility, and by preventing any use or condition of the Property
that would significantly impair or interfere with its agricultural values, character, use or
utility.
2. Grant of Scenic Easements. Grantor hereby grants and conveys to
Grantee, its successors and assigns a perpetual, irrevocable and non-exclusive scenic
easement in gross over each of the following areas of the Property: Tier 3 of Lot 1; Tier
3 of Lot 2; and Tier 3 of Lot 3. The easements are collectively referred to hereinafter as
the"Easements,"and the areas where the easements are located are collectively referred
to hereinafter as the"Easement Areas." The Easements are validly created pursuant to all
relevant statutory requirements, and consist of the rights, covenants, restrictions,
conditions and limitations enumerated hereinafter, subject to the reservations of rights
hereinafter set forth, all of which rights, covenants, restrictions, conditions, limitations
and reservations shall operate as covenants running with the land in perpetuity and shall
bind Grantor and all of Grantor's agents, personal representatives,heirs, assigns, and all
other successors in ownership to the Easement Areas in perpetuity. It is the intention and
objective of Grantor that this Agreement shall impose restrictions on the use of the
Easement Areas so as to limit use of the Easement Areas to activities that will not cause
or threaten impairment of the scenic characteristics of the Easement Areas, and that
Grantee shall have the right to prevent the use or development of the Easement Areas for
any purpose or in any manner that would conflict with such objective.
Page 2 of 7
3. Development Rights.
a. Grantor retains the right to develop one residence, along with
ancillary and agricultural structures, such as a detached garage, guest house, barn,
winery, and stables, on each of the following areas of the Property: Tier 1 of Lot 1; Tier 1
of Lot 2; and Tier 1 of Lot 3. The development sites for these structures shall be
restricted to the specific three areas identified on the map of Subdivision 8566 and
incorporated by reference. No structure shall be allowed outside the development sites,
and development inside the development sites shall be reviewed and approved by the
Planning Commission and Zoning Administrator.
b. Grantor retains the right to develop agricultural and related uses,
such as livestock production, orchards and vineyards,pasturing of horses or other
livestock, and open space land, trails and fire protection management, on each of the
following areas of the Property: Tier 2 of Lot 1; Tier 2 of Lot 2; and Tier 2 of Lot 3.
C. Grantor retains the right to divide the Agricultural Lots into three
parcels in accordance with Development Plan No. DP97-3019; subject to the mutual
covenants, terms, conditions and restrictions of this Agreement. This right is satisfied by
Subdivision 8566.
d. Grantor retains and reserves the right to construct and maintain a
driveway and related rights of way/easements over such portions of Lots 1, 2 and 3,over
and through respective Tiers 1, 2, and 3, for the purpose of access and for the purpose.of
installation, construction and maintenance of both public and private utilities and their
necessary structures and appurtenances, to serve structures and improvements within the
development sites.
e. All remaining development rights appurtenant to the Property,
whether currently existing or arising out of future zoning changes, are hereby terminated
and extinguished, and may not be used on the Property or transferred to any portion of
the Property as it now or later may be bounded or described, or to any other properties
adjacent or otherwise.
4. Enforcement.
a. Grantee shall have the right to enter upon the Easement Areas to
monitor Grantor's compliance with and to enforce the terms of this Agreement, provided,
however that all of the following conditions must be met prior to Grantee's entry upon
the Easement Areas: (1) Grantee must have received information, a complaint, or other
communication alleging, or Grantee must have a reasonable belief, that.Grantor is in
breach with respect to the terms of this Agreement; and (2) Grantee must provide notice
to Grantor of Grantee's intent to enter upon the Easement Areas at least seven calendar
days prior to Grantee's entry thereon.
In the event Grantee receives any information, complaint, or other
communication alleging that Grantor is in breach with respect to the terms of this
Page 3 of 7
Agreement, the Contra Costa County Department of Conservation and Development (the
"Department") shall make an initial determination as to whether a breach of the terms of
this Agreement.has occurred (the "Initial Determination"). Grantor will have the
opportunity to present evidence to the Department that a breach did not.occur.
If the Department concludes in its Initial Determination that no breach of
the terms of this Agreement has occurred, Grantee shall take no further action.
b. Nothing contained in this Agreement shall be construed to entitle
Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from: any natural cause beyond Grantor's control, including, without limitation,
fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to
the Property resulting from such causes; or, any acts by Grantee, East Bay Regional Park
Disbict, or their respective employees.
C. Enforcement of the terms of this Agreement by Grantee shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Agreement in the event of any breach of any term of this Agreement shall not be deemed
or construed to be a waiver of such term or of any subsequent breach of the same or any
other tenn of this Agreement or of any of Grantee's rights under this Agreement.. No
delay or omission by Grantee in the exercise of any right or remedy shall impair such
right or remedy or be construed as a waiver.
d. Grantee grants to East Bay Regional Park District (the "District")
third party rights of enforcement of this Agreement. If the Grantee fails to enforce any
term, condition, covenant or restriction of this Agreement, the District shall have the right
to enforce this Agreement after giving written notice to the Grantee and Grantor and
providing a reasonable opportunity under the circumstances for the Grantee to enforce the
tern, condition, covenant or restriction. The District's rights of enforcement are limited
to those expressly stated in this subparagraph.
5. Restrictions on Grantee and the Public.
a. Notwithstanding anything to the contrary herein, Grantee.and any
successors shall have no right to enter upon the Easement.Areas, except for the limited
rights of Grantee specifically set forth in Paragraph 4, above.
b. No general public access shall be permitted on the Easement Areas
unless agreed upon by the Grantor,the County, and the District.
6. Costs, Liabilities, Taxes, and Compliance with Laws.
a. Grantor's Responsibilities. Grantor retains all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the Easement Areas.
Page 4of7
b. Taxes. Grantor shall pay before delinquency all taxes,
assessments, fees, and charges of whatever description levied on or assessed against the
Easement Areas by competent authority (collectively, "taxes").
C. Compliance with Laws. Nothing in this Agreement shall be
construed to exempt Grantor from complying with all applicable laws, ordinances,
regulations, and pen-nit requirements.
7. Amendment. This Agreement and the Easements granted hereunder may
be amended or modified only by an instrument in writing signed by each of the parties
and, with the exception of minor administrative amendments and modifications that the
parties may mutually deein necessary from time to time (which amendments and
modifications shall not conflict with the purposes of this Agreement), only to advance the
purposes and strengthen the provisions of this Agreement.
8. Perpetuity. The Easements shall run with the Property in perpetuity. The
terms "Grantor" and "Grantee" shall include their respective successors and assigns.
9. Assignment. The Easements are transferable,but Grantee may assign its .
rights and obligations under the Easements only to another public entity or to an
organization that is a qualified organization at the time of transfer under Section 170(h)
of the Internal Revenue Code of 1954, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder, and authorized to
acquire and hold easements for purposes of preserving land in its scenic, open space,
forested, agricultural, or historical condition or use, and only subject to the consent of
Grantor, which Grantor may give or withhold in its sole reasonable discretion; provided,
however,that Grantor's consent shall not be required for Grantee to assign its rights and.
obligations under the Easements to the East Bay Regional Park District. As a.condition
of transfer, Grantee shall require that the scenic purposes that this Agreement is intended
to advance continue to be carried out.
10. Indemnity. To the fullest extent not prohibited by law, Grantor shall hold
harmless, protect and indemnify Grantee and its directors, officers, employees, agents,
contractors, and representatives and the heirs,personal representatives,successors and
assigns of each of them (individually an "Indemnified Party" and collectively
"Indemnified Parties") from and against any and all liabilities,penalties, costs, losses,
damages, expenses (including, without limitation,reasonable attorneys' fees and experts'
fees), causes of action, claims, demands, orders, liens or judgments (individually a
"Claim" and collectively"Claims"), arising from or in any way connected with: (I )
injury to or the death of any person, or physical damage to any property,resulting from
any act, omission, condition, or other matter related to or occurring on or about the
Easement Areas, regardless of cause, except to the extent the injury, damage or death is
caused by the negligence or willful misconduct of Grantee or any of its employees,
directors, officers, or agents; and (2) the_obligations specified in Paragraph 6. This
indemnity extends to any claims against Grantee due to the release or existence of any
hazardous materials (as defined by any applicable local, state or federal law) on, under or
in the Easement Areas. If any action or proceeding is brought against any of the
Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and
Page 5 of 7
upon written notice from Grantee,defend such action or proceeding by counsel
reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges
incurred by Grantee in defending the action or proceeding.
11. Notices. Any notice, demand, request, consent, approval, or
communication that either party desires or is required to give to the other shall be in
writing and sent by certified mail,postage prepaid, addressed as follows:
To Grantor: Jeffrey Wiedemann, President
Wiedemann Ranch Inc.
6988 Highland Road
Pleasanton, CA 94588
To Grantee: Contra Costa County
Department of Conservation and Development
651 Pine Street, 4th Floor—North Wing
Martinez,CA 94553
or to such other address as either party from time to time shall designate by written notice
to the other. Notice shall be deemed effective upon delivery in the case of personal
delivery or, in the case of delivery by first class mail five(5) days after deposit into the
United States mail.
12. Recordation. The County shall record this instrument in a timely fashion
in the official records of Contra Costa County, California.
13. General Provisions.
a. Controlling Law. The interpretation and performance of this
Agreement shall be governed by the laws of the State of California.
b. Third Party, Beneficiaries. This Agreement and the Easements
ranted hereunder are intended solely for the benefit of the parties hereto and shall not be
construed to create any rights in any person or entity other than the parties, except as
otherwise provided in subparagraph (d) of paragraph 4, above.
C. Severability. If any provision of this Agreement, or the
application thereof to any person or circumstance, is found to be invalid, the remainder of
the provisions of this Agreement, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, as the case may be,
shall not be affected thereby.
d. Entire Agreement. This instrument sets forth the entire
agreement of the parties with respect to the Easements and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Easements, all of
which are merged herein.
Page 6 of 7
C. No Forfeiture. Nothing contained herein will result in a forfeiture
or reversion of Grantor's title in any respect.
f. Binding on Successors. The covenants, terms, conditions, and
restrictions of this Agreement shall be binding upon, and inure to the benefit of,the
parties hereto and their respective personal representatives heirs, successors, and assigns
and shall continue as a servitude running in perpetuity with the Property. Every person or
other entity who now or hereafter owns or acquires any right, title or interest in or to the
Property or any portion of the Property is and shall be conclusively deemed to have
agreed to every covenant, conditions and restriction contained herein, whether or not any
reference to this Agreement is contained in the instrument by which such person or entity
acquired an interest in the Property or any portion of the Property.
g. Termination of Rights and Obligations. Grantor's obligations
hereunder run with the land. Grantor's rights and obligations under this Agreement
terminate upon transfer of Grantor's interest in the Easement Areas, except that liability
for acts or omissions occurring prior to transfer shall survive transfer.
h. . Captions. The captions in this instrument have been inserted.
solely for convenience of reference and are not a part of this instrument and shall have no
effect upon construction or interpretation.
i. Counterparts. The parties may execute this instrument in two or
more counterparts, which shall, in the aggregate,be signed by both parties; each
counterpart shall be deemed an original instrument as against any party who has signed it.
IN WITNESS WHEREOF, Grantor has executed this Agreement this
5`—. day of C-3�t OF,,, ZOOcr3 , 2999.'
GRANTOR: ACCEPTED BY GRANTEE:
WIEDEMANN RANCH INC. COUNTY OF CONTRA COSTA
By: By. a.
Print Name:� 4 G [�)s�.,Fmg Print Name: SUPERVISOR SUSAN BONILLA
Title: Title: CHAIR — SUPERVISOR
Page 7of7
State of California
County of Contra Costa
On °-c:ev� c'
�° v �� , ZC Of? , before me, 144 V�U'(,`v) a Notary
Public, personally appeared .,)e Oie ' L , L-5i`erte 14,16i`i- who proved to -me on the
basis of satisfactory evidence to be the person(]S) whose name(s)&/are subscribed to the within
instrument, and acknowledged to me that &she/they executed the same in 6iijl her/their
authorized capacity(is), and that by signature( on the instrument the personO, or .
the entity upon behalf of which the person(s) acted, executed this instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature �� �( -�' C -.: (SEAL)
SUZANNE OERTEL FARLIN
Commission #
:774479
/
Z. Notary Pub11C -
Cotllornla
.,.... �Contra Costa County
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