HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-080 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday, February 12, 2002 by the following vote:
AYES: Supervisors UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/,",80
SUBJECT: RESCIND existing Land Conservation )
Contract No. 6-72 for an 82.49 Acre )
Portion of APN: 006-220-002 and )
AUTHORIZE the Execution of a )
new Land Conservation Contract }
No. 6-72 with Robert and Barbara Milner )
For the 82.49 acre portion of )
APN:006-220-002 owned by the Milners )
The Board of Supervisors of Contra Costa County RESOLVES that:
On January 28, 1972,the Board of Supervisors adopted Resolution No.72/29 which
authorized the Chairmain of the Board to execute Land Conservation Contract No. 6-72
with Rosie A. Vargas, and said contract was subsequently executed by the Board Chair,
and recorded on February 15, 1972 affecting Assessor Parcel Number 006-220-002.
On September 20, 2001, Robert and Barbara Milner the new owners of an 82.49
acre portion of Assessor Parcel Number 006-220-002 filed a letter to the Community
Development Department requesting to rescind that portion affecting land that they own
and to enter into a new Land Conservation Contract to reflect the agricultural uses that the
Milners intend to pursue and to establish a residence on the property.
RESOLVED, pursuant to Section 51254 of the California Government Code, the
Board of Supervisors RESCINDS Land Conservation Contract No. 6-72 as it affects the
82.49 acre portion of APN: 006-220-002 owned by the Milners, and AUTHORIZES the
Board Chair to execute a new contract, Land Conservation Contract No. 01-0007, with
Robert and Barbara Milner.
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. 01-0007, to the California Department of Conservation and the Office of
County Assessor.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
Orig. Dept.: Community Development Department minutes of the
date shownBoard of Supervisors on the
.
Contact: Patrick Roche (925/335-1242) ATTEsTi D:
cc: CA Dept. of Conservation JOHNS�NBETEN, Clerk a Board
Office of County Assessor �y of ia�upervisors and County Administrator
PRkl:boardreaolutlanra�cindAP98.7P By
Deputy
RESOLUTION 2002/80
OWNER
VA 012
We the undersigned trust deed or ether encumbrance holders do
hereby agree to and agree to be bound by the above imposed
restrictions.
Approved as to Form:
SilvaMarshes ' , County Counsel
By:
Der6r,y
NOTE:All signatures for Owner
must be acknowledged.
5
STATE OF C:!!�L r-O RJ�3 i A
COUNTY OF 12iLeMi<-- {� - --
On - �°- before me, 'S is t'a ttl t??"► t'
(Name, Title of Officer)
personally appeared (Zzib -p-r ftlly R °-t- 46prRZAKV�) t
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized 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.
l�:a�11111�111l111l111111111n11111l11l1u1u1111l1ru1�1
WITNESS my hand and official seal. ISAAC RODRIGUES �
comm.NO.1701167
WTAAY PUBLIC-CAUI~AFINIA
ALAi+A6DA 0"TY rr
(Signature of Notary Public)u
(This area for notarial seal)
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:
Sily o . Marc e i, County Counsel
By:
eputy
NOTE:All signatures for Owner
must be acknowledged.
5
STATE OF Lt r-O eft A
COUNTY OF ALP-m aD P
On ' C) before me, =S k.ObP-J6L4 07-yq Ry
(Name, Title of Officer)
personally appeared '�V' T� / 1 LtJ(=�Z -t- 8AkV. j!22
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized 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.
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WITNESS my hand and official seal. ISAAC RODRIGUES
.: COMM.NO.1201167 X
NOTARY PUBLIC-CAUFOFV+MA X
Y ALAMEDA C OUNIN w
My 0m.w, exom Nov.06,2002
(Signature of Notary Public)() IUttrttiiili!{II!{t!{l11tlltlllUlil{Ilttl!!{Ullttftrl!
(This area for notarial seal)
STATE OF t,_. AL1 V:7l7 V Y
COUNTY OF (:N LYf ry (Z f
On 7-- 11 d 'Z before me, _-.5 A qC— R-z)I>awGx� $ /V o7-),4,Ay
(Name, Title of Officer)
personally appeared 9�� M I LN E& --t- Z 1 vv,I L'^j ELR'
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized 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.
If 1littfif11111NliilflllllNlllfif HIlIIIftlRllflf1111
ISAAC RODRIGUES
2
"' COMM.N0.1201187 =
C it NOTAAY PUBW-CALIPOIHA
(Signature of Notary Public)
Icy comm. s Nov.OIL 200
IllllllllllflipfilfflllUf11111U1tfg11fiN11ftUt1lfN
(This area for notarial seal
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 0007
�TBIT A
P t�Y DE,9CRIPTIQN
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 11 consisting of 2
pages, attached hereto and incorporated by reference
herein.
059625
SS/0"V,
February 22, 2001 , rt'�} '�1,\. `,
Job No. 00162 � ` " � 40 `t
EXHIBIT 'A' r LO
LEGAL DESCRIPTION
Adjusted APN 006-220-002
All that real property situate in the County of Contra Costa, State of
California, described as follows:
Being a portion of Lots 18, 19 and 20, as said lots are shown on the map of
"HOILAND RANCH", filed in Book 16 of Maps, at Page 347, Contra Costa
County Records, further described as fellows:
BEGINNING at the northwest corner of said Lot 19;
THENCE leaving said Point of Beginning along the northerly prolongation
of the westerly line of said Lot 19, North 0039'00" West, 327.80 feet to a
point on the northerly line of Section 14, Township 2 South, Range. 1 East,
Mount Diablo Base and Meridian;
THENCE South 85146'47" East, 769.54 feet to a point on the northerly
line of said Lot 19;
THENCE along said northerly line South 74047'00" East, 467.00 feet;
'FENCE South 78053'00" East, 206.00 feet;
THENCE South 83009'00" East, 196.00 feet;
THENCE leaving said southerly line South 36021'50" East, 421.02 feet;
THENCE South 88°06'50" East, 420.58 feet to a point on the northeasterly
line of said Lot' 19, also being the southwesterly line of Collier Canyon
Road;
THENCE along said southwesterly line South 52,014'00" East, 275.77 feet;
THENCE South 57°44'610" East, 154.67 feet;
THENCE South 50021'00" East, 320.00 feet;
THENCE leaving said southwesterly line South 69°01'05" West, 3058,41
feet to a point on the westerly line of said Lot 19;
THENCE along said westerly line North 0°39'00" West, 1818.30 feet to the
Point of Bunning.
Containing an area of 82.49 acres, more or less.
N 0° P0J3
F 39't70" W, ,
3 .7.80
Li
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0
O APN 009-220"002
0 AREA 310314'8 5F t
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5 57°44' 00"
5 50 ?.1'00' E 320.00
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END OF DOCUMENT `- ---�.
iHIBIT "B r` Deftlt 'Civil Engineering r
PLAT TOCCOMPANY San Ramon Valley Boulevard
LEGAL DESCRIPTION Danville; California 9#026 XD
ADJUSTED AP'N 006-220-002. 925 1{ 937-3780 Jdb >b..
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO.AP#01-Q007
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, except
as otherwise noted below, 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 . Exiarting Non-conforming Structures
The following non-conforming structures are permitted, subject
to the provisions of County Ordinance Code Chapter 82-8 :
None.
2 . Exi at_i ng Conforming Struc 7r s
None.
3 . PrQuosed Structures
One single-family residence located on APN 006-220- 002.
UP to eight (8) sheds or buildings for storage of agricultural
products and equipment located on AM 006-220-002.
Stand not exceeding 400 square feet for the sale of
agricultural products grown on the Promises located on APN
006-220-002.
4 . Exi t i nt7 Land Use
Livestock Grazing
5 . 29=Qaed rand s
Livestock Grazing and Cultivation
6 . EXi stti na Uge Comp ti b e with AcTri cultural U
gg
Livestock Grazing
7 . Proposed Use mpati b 1 e wi u1 tt?ri l Tse i
Livestock Grazing and Cultivation.
Second unit residential (subject to a Land Use Permit) .
Winery (subject to a Land Use Permit) .
Greenhouse (subject to a Land Use Permit) .
Horse Riding AcaderW or Dog Kennel (subject to a Land Use
Permit) .
Wind energy conversion system (subject to a Land use ,Permit) .
d:\1and-con.con\aP010007mi1ner
RESOLUTION 2002/
7
TO: BOARD OF SUPERVISORS •fr~� .� .
Contra
FROM: DENNIS M. BARRY, AICP �:' Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: FEBRUARY 12, 2002
SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.6-72 AFFECTING
AN 82.49 PORTION OF APN: 006-220-002 AND APPROVE A NEW LAND
CONSERVATION CONTRACT, LAND CONSERVATION CONTRACT NO. 01-
0007, FOR THE 82.49 ACRE PORTION OWNED BY ROBERT AND BARBARA
MILNER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
.ADOPT resolution rescinding the existing Land Conservation Contract No.6-72 for a 82.49
acre portion of APN: 006-220-002 awned by Robert and Barbara Milner,ADOPT resolution
approving a new contract, Land Conservation Contract No. 01-0007, with Robert and
Barbara Milner for the 82.49 acre portion Of APN: 006-220-002 owned the Mllners, and
AUTHORIZE the Chair to execute Land Conservation Contract No. 01-0007.
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
ECOMMENDATION OF COUNTY ADMINISTRATOR ,_,_„RECOMMENDATION OF BOARD COM ITTEE
APPROVE OTHER
SIGNATURES .
ACTION OF BO N February 12,2002 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT None } 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: P.Roche,CDD-AP(925)335-1242 ATTESTED February 12, 2002
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) DEPUTY
Robert and Barbara Milner (via CDD)
February 12,2002
Board of Supervisors
County File: AP#01-0007
Wage 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
Robert and Barbara Milner, the owners of an 82.49 acre portion of APN: 006-220-002,
located along Collier Canyon Road in the Tassajara area, have applied to place the
acreage they own into a new Land Conservation Contract. APN: 006-220-002 is one of
several parcels originally placed under a Land Conservation Contract No.6-72 established
on January 28, 1972 between the County and Rosie A. Vargas. The Milners, having
recently acquired an 82.49 acre portion of APN: 006-220-002, intend to continue
agricultural uses on the property, and to establish a residence on the property.They desire
to rescind the existing Land Conservation Contract No. 6-72 only for the 82.49 acre portion
APN: 006-220-002 that they own, and to enter into a new Land Conservation Contract.The
new Land Conservation Contract would apply to the 82.49 acres owned by the Milners, it
would reflect the agricultural uses the Milners intend to pursue on the property, and it would
provide them with an opportunity to establish a residence on the property. 1
Attached is a copy of a Board Resolution rescinding the Land Conservation Contract No.6-
72 for the 62.45 acre portion of APN: 006-220-002 and a new contract, listed as Land
Conservation Contract No.01-0007, for the 82.49acre portion of APN: 006-220-002 now
under ownership by the Milners.
It is recommended that the Board rescind that portion of Land Conservation Contract
AP# 6-72 affecting the 82.49 acre portion of land now owned by the Milners and
authorize the Chair to execute a new Land Conservation Contract with the Millners, as
defined in the attached Land Conservation Contract No. 01-0007.
1 As of January 11, 2042,the County Assessor has not assigned a new Assessor Parcel Number(APN)for
the 82.49 acre portion of APN:006-220-002 that was acquired in March 2001 by Robert and Barbara
Milner. Cance the new APN is assigned by the County Assessor, it would then apply to the new contract,
Land Conservation Contract, No. 01-0007.