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HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-763 .............................................................................. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Promulgating Standard Form of Land Conservation RESOLUTION NO. 69/763 Contract RESOLUTION PROMULGATING STANDARD FORM FOR LAND CONSERVATION CONTRACTS The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board is authorized, under County Ordinance Code Section 89-3-10, to promulgate a standard form of land conser- vation agreement pursuant to the Land Conservation Act of 1965 (Govt. Code Section 51200, et seq . ) ; and By amendment to said act (1969 Statutes , Chapter 1372 ) , counties are hereafter authorized to enter into land conservation contracts ; and Since the standard form of agreement adopted by this board by Resolution No . 68/635 of September 17 , 1968, no longer conforms to statutory requirements ; IT IS THEREFORE ORDERED that the standard form of land conservation contract , designated Exhibit A, which is attached hereto and incorporated herein by reference , is hereby adopted for use pursuant to the provisions of the Land Conservation Act of 1965 . PASSED AND ADOPTED on NQUAMbpr 18 , 196g by the following vote : AYES : Supervisors - J . P . Kenny , A. M . Dias , E. A. Linscheid , T. J . Coll . NOES : Supervisors - None . ABSENT: Supervisors - J . E . Moriarty. PWB :mh RESOLUTION NO. 69/763 RESOLUTION NO. EXHIBIT A LAND CONSERVATION CONTRACT 1. Parties . BY THIS CONTRACT, made and entered into the day of , 191 , 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 in order to discourage premature and unnecessary conversion of such lands from agricul- tural uses , recognizing that such land has definite public value as open space and that the preservation of such land in agricul- tural production constitutes an important physical, social, esthetic 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 terms , conditions and restrictions of this Contract be in accordance with the California Land Conser- vation Act of 1965, as amended, so as to be an enforceable restriction under the provisions of California Revenue and Taxation Code Section 422. 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 XXVIII 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 . The within Contract is made and entered into pursuant to the California Land Conser- vation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372 , 1969 Statutes) . The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code , Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos . and 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 Section 8169, which is hereby incorporated by reference as if fully set forth herein; provided, however, that such additional 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 -2- 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 Section 8169 , add to those uses Listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses ; and 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 February, 19 , 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 February 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, to the end that 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. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. -3- 763 10 . Cancellation. 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 cancelled 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 in the public interest. It is understood by the parties that the existence of an 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 will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put . Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes , a cancel- lation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this agreement . Said cancellation value shall be determined in accordance with the provisions of Govt . Code Section 51283(a.) and (b.) . If the Contract has been subject to a previous notice of non-renewal, the amount due shall be determined by multiplying the amount of deferred taxes computed above by the ratio that the number of years remaining in the term of the Contract bears to ten (10) years . -4- JFAV 9/763 Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provisions of Govt . Code Section 51283 . 3 . 11. Cancellation LJ 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 XXVIII of the California Constitution. 12 . Eminent Domain Proceedings . Upon the filing of any action in eminent domain by a public agency for the condemnation of the .fee title of any land described herein, or of less than a fee interest , which will prevent the portion of land condemned or other land or a portion thereof which is the subject of this Contract from being used for any authorized use , or upon the acquisition in lieu of eminent domain by a public agency for a public improvement ,, the portions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void upon such filing as to the portion of the land condemned or acquired and to the additional land the use of which for an authorized purpose will be prevented as a result of the condem- nation or acquisition. If, subsequent .to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency as -5- to all or a portion of the land subject to the Contract, the restrictions on land use included 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 . 13. Remedies for Breach of Agreement . 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 further agricul- tural 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 equalised 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 value will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall consti- tute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or -6- 69 /763 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 Section 8169 . 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 , may, 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 . Agreement to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all -7- 69/763 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 bene- fit 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 he may require to enable him to determine the valuation of the Owner's land. 19 . Effect of Removing Preserve or Zonin?, Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classifi- cation thereof shall be the equivalent of notice of non-renewal a 69 / 7 by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA COSTA By Chairman, Board of Supervisors ATTEST OWNER Clerk of Board We the undersigned trust deed or other encumbrance holders do hereby agree to and agreeto be bound by the above imposed restrictions . Approved as to Form: JOHN B . CLAUSEN, County Counsel By Deputy PWB :mh _9_