HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-089 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order onfebruary 126,2by the following vote: ,
AYES: StMEaSORS UITKEi%, CUM, DeSAUi=, Q17M and GI01A
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ABSENT s i
ABSTAINt
RESOLUTION NO. 2002/89
SUBJECT: LAND CONSERVATION CONTRACT
AP #01-0007 1
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The Board of Supervisors of Contra Costa County RESOLVES that:
1. BY THIS CONTRACT, made and entered into
the 12th day of E'er , 2002,go]2errt and Barbara
I nes- thusban�d end wit 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 . Proper y Descriptj,cr1. 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 . gge. 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 . yntent of parties: Zntorceablg 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 Par ig : Effect n Prgperty 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.idate.
6 . Ug-veI. lig Statutes and Qrdi;ands. 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 69Z2t3 through 2000x501 .
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P*eoluticn No. 2402/89
7 . ",,, _ .,1r:.' Qtipn . 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
shah. prevail.
8 . ods ; cat ,on of aggtrictioar . 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 Irl. This Contract shall be effective
commencing on the last day of January 2002 , 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 O'anuary 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 . 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 M) 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 51288 (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 .
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Resolution No. 2M2/89
11 .
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 . gym;nenj adinas. (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 fQr Breach ot .Cgntract. (a) In the event that
Owner fails to comply with the terms and conditions of this
Contract and the effect of said breach 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 8442 or this Contract.
14 . Fifect; gf Dj,mision Qf Pr.Qiperty. owner agrees that
division of the property described. in Exhibit A into . two (2) or
more parcel, whether by sale, gift, by operation of law or by any
other means, upgn a finding by the Board of Supervisors that said
division is detrimental to the ultimate preservation of said
property for exclusive agricultural use, be constructed 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 .
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Resolution No. 2002/89
16. Contrart ContractIh LgD . 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 . ion . er&Uon. 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 . egg and Exnenge Informatign. The Owner shall
annually furnish the County Assessor with such information a,s the
Assessor may require to determine the valuation of the owner' s
land.
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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
JOHN SWEETEN, County Administrator
and Clerk of the Board of Supervisors
By: By:
laeputy Clerk ir, Board of Supervisors
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Resolution No. 2002/89