HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-501 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 24, 2000 by the following Grote:
AYES: Supervisors Gerber, DeSaulnier and Uilkema
NOES: None
ABSENT: Supervisors Gioia and Canciamilla
ABSTAIN: None
RESOLUTION NO. 2000/501
SUBJECT: LAND CONSERVATION CONTRACT
(AP# 00-0003) )
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The Board of Supervisors of Contra Costa County RESOLVES that:
1 . Parties. BY THIS CONTRACT, made and entered into the
24th day of October, 2000, ELLIS ISLAND FARMS, INC. 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 unincorporated 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 . sect. ) .
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 .
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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 through 2000/536.
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 2000, 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 . 1t 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 ;1%) percent or the current fee provided by state law
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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 the Government Code Section 51295, incorporated by
reference herein, upon the filing of any action in eminent domain
for the condemnation of the fee title of the land or any portion
thereof subject to this Contract or upon acquisition of such land
in lieu of eminent domain by public agency for a public
improvement, the provisions of this Contract shall be null and void
as to the land so condemned or acquired.
(b) If, subsequent to the filing of an action in eminent
domain, the proposed condemnation is abandoned as to all or a
portion of the land subject to the Contract, the restrictions on
land use set forth in this Contract shall, without further
agreement of the parties herein, be reinstituted and the terms of
this contract shall be in full force and effect, subject to the
cancellation provisions of Government Code Section 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 as 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 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.
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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.
ATTEST: COUNTY OF CONTRA COSTA
PHIL BATCHELOR, County Administrator
and Clerk of the Board of Supervisors
Grim � 1 0 1
By: By:
D uty Clerk "Boa�dpervisors
4
C .
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:
Victor J. Westman, County Counsel NOTE: All signatures for Owner
must be acknowledged.
By:
Deputy
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ti,� _ -
f c
On 4 �2�� �� c1 , before me,
Date Name anqI,Title of Officer(e.g.,"Jane Doe,Nota ublic')
personally appeared
,
Name(s)of Signe s)
❑ personally known to me
_L�-proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
KKHtffNA.SURYANN subscribed to the within instrument and
Cammizsion# 1195344 � acknowledged to me that he/she/they executed
Notary Pubiic-Ccrif0mia the same in his/her/their authorized
' San Francisco Couniy
MyComm.Fxpirr.sS�:�,3,2xx; capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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.
Description of Attached Document �.� --r,,
Title Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
11 Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Pact
❑ Trustee
Ll Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder:Call Toll-Free 1-900-876-6627
25 '90 11:36 FiF
Y C�gE�I.TLE 1 TC} EXT3TBI'T A
THAT CERTAIN REAL PROPERTY IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
PARCEL ONE:
PARCEL A AS SHOWN ON THE MAP OF SUBDIVISION MS 169-79 FILED APRIL 7, 1581 IN
BOOK 94 OF PARCEL MAPS, PAGE 5, OFFICIAL RECORDS OF THE COUNTY OF CONTRA COSTA,
CALIFORNIA . . (APN 023.110-014)
EXCEPTING THEREFROM AN UNDIVIDED FIFTY PERCENT INTEREST (1/2) IN ALL OIL,
GAS AND MINERAL RIGHTS BEGINNING 500 FEET BELOW THE SURFACE, WITHOUT THE RIGHT
OF SURFACE ENTRY, AND A RIGHT TO FIFTY PERCENT (1/2) OF ANY AND ALL INCOME DERIVED
FROM AND AND ALL OIL, GAS AND MINERAL RIGHTS, INCLUDING, BUT NOT LIMITED TO
LEASE, EXTRACTION AND ROYALTIES AS RESERVED BY ROBERT H. HIRSCH IN DEED RECORDED
DECEMBER 15, 1989 AS RECORDER'S INSTRUMENT NUMBER 89-255053 AND RERECORDED
AS RECORDER'S INSTRUMENT NUMBER OFFICIAL
RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA.
PARCEL TWO:
PARCEL 8 OF SUBDIVISION MS 159-79 FILED APRIL 7, 1981 IN BOOK 94 OF PARCEL MAPS,
PAGE 5, OFFICIAL RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA. (APN 023-1.10.015)
EXCEPTING THEREFROM ALL OIL, GAS AND MINERAL RIGHTS BELOW 500 FEET AS RESERVED
IN THE. DEED FROM DONALD F. BARSTAD AND MARY ELLEN BARSTAD, HIS WIFE, AS JOINT
TENANTS IN A TWO THIRD UNDIVIDED INTEREST RECORDED JANUARY 3, 1584, BOOK 11596,
PAGE 295, OFFICIAL RECORDS, AND AS RESERVED IN THE DEED FROM BERT THEODORE BARSTAD,
JR. AND BARBARA BARSTAD, HIS WIFE, AS JOINT TENANTS IN A ONE THIRD UNDIVIDED
INTEREST, RECORDED MARCH 28, 1986 BOOK 12805, .PAGE 849, OFFICIAL RECORDS.
NOTE: BY GRANT DEED FROM DONALD F. BARSTAD AND MARY ELLEN BARSTAD, HIS WIFE. AS
JOINT TENANTS IN A TWO-THIRDS UNDIVIDED INTEREST AND BERT THEODORE BARSTAD-JR. AND
BARBARA BARSTAD, HIS WIFE, AS JOINT TENANTS IN A ONE-THIRD UNDIVIDED INTEREST,
THE OIL, GAS AND MINERAL RIGHTS WERE GRANTED TO ELLIS M. STEPHENS, A MARRIED MAN AS
HIS SOLE AND SEPARATE PROPERTY, RESERVING THEREFROM.AN UNDIVIDED FIFTY PERCENT INTEREST
(1/2) JOINTLY OWNED BY EACH IN ALL OIL, GAS AND MINERAL RIGHTS BEGINNING 500 FEET
BELOW THE SURFACE, WITHOUT THE RIGHT OF SURFACE ENTRY, AND A RIGHT TO FIFTY PERCENT
(1/2) OF ANY AND ALL INCOME DERIVED FROM ANY AND ALL OIL, GAS AND MINERAL RIGHTS,
INCLUDING, BUT NOT LIMITED TO, LEASE, EXTRACTION AND ROYALTIES, RECORDED DECEMBER 15,
1989 AS RECORDER'S INSTRUMENT NO. 89-255057, AND RE-RECORDED ON
AS RECORDER'S INSTRUMENT NO. OFFICIAL RECORDS OF CONTRA COSTA COUNTY,
CALIFORNIA.
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP# 00-0003
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 3 pages, attached
hereto and incorporated by reference herein.
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP# 00-0003
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 8442 . 404 but shall
be subject to Section 8442 . 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: An "A" frame building used as
an office, a barn or shed, and two boat docks.
3 . Proposed Structures : None
4 . Existing Land Use: Agricultural-Farming Operation consistent
with present A-2: General Agricultural zoning district and
Delta Recreation land use designation in the General Plan.
5 . Proposed Land Use: Agricultural-Farming Operation would be
consistent with the A-4: Agricultural Preserve zoning district
and Delta Recreation land use designation in the General Plan.
6. Existing Use Compatible with Agricultural Use• Yes
7 . Proposed Use Compatible with Agricultural Use• Yes
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