HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-282 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday, May 7, 2002 by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
:RESOLUTION NO. 2002/282
SUBJECT: RESCIND existing Land Conservation )
Contract No. 6-72 for )
APN: 205-030-003 and )
AUTHORIZE the Execution of )
new Land Conservation Contract )
No. 01-0006 with )
American Forest Products, Inc. )
For APN: 205-030-003 owned by )
American Forest Products, Inc. )
The Board of Supervisors of Contra Costa County RESOLVES that:
On January 18, 1972, the Board of Supervisors adopted Resolution No. 72/29
which authorized the Chairman 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 205-030-003.
Can September 6, 2001,American Forest Product, Inc. the new owners of Assessor
Parcel Number (APN) 205-030-003 filed a letter through their attorney requesting to
amend Land Conservation Contract No.6-72 to update and revise the land .use and
structures identified on the subject parcel. Subsequent to reviewing this request, the
Community Development Department determined that it would be preferable to rescind
that portion of Land Conservation Contract No. 6-72 affecting the subject parcel and to
enter into a new Land Conservation Contract to reflect a proposed subdivision, new
agricultural uses and related structures that American Forest Product, Inc. was
simultaneously pursuing through a separate Minor Subdivision application (County File:
MS#00-0015) pending before the County.
On February 25, 2002, the County Zoning Administrator approved a minor
subdivision (County File: NIS#00-0015)dividing APN: 205-030-003 into three new parcels
of eighty, eighty-six and eighty acres, respectively.
RESOLVED, pursuant to Section 66474.4 of the California Government Code, the
Board of Supervisors finds that the approved minor subdivision affecting land subject to the
California Land Conservation Act of 1965 (Williamson Act) would neither result in the
creation of parcels too small to sustain agricultural use of the lan,0 nor result in residential
development not incidental to the commercial agricultural use of the land.
RESOLVED, pursuant to Section 51254 of the California Government Code, the
Board of Supervisors RESCINDS Land Conservation Contract No. 6-72 as it affects APN;
205-030-003 owned by American Forest Products, Inc.-,-and AUTHORIZES the Board
Chair to execute a new contract, Land Conservation Contract No. 01-0006,with American
Forest Products, Inc. for the two hundred forty-six acres within APN: 205-030-003.
2002/282
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. 01-0006, 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
minutes of the Board of Supervisors on the
date shown.
A'rTr..o I Ba: of the Board
JOHN 81NEEYEN, ark
GryZM21L
dministrator
lay Deputy
Orig.Dept,:community Development Department
Contact Patrick Roche(0251335A242)
cc: CA ClepG of Conservation
Offlos of County Assessor
��d;�o.rdnaWuoM..and��a.ra
RESOLUTION 20021 282
p
THE BOARD OF SUPERVISORS OF CONTRA COSTA COSY, CALIFORNIA
Adapted this Order on by the following vote;
AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/455
SUBJECT: LAND CONSERVATION CON'T'RACT
AP#01-0005 )
)
The Board of Supervisors of Contra Costa County RESOLVES that :
1 . Parties . BY THIS CONTRACT, made and entered into the
7th day of Mar- , 2002 , American Forest
Products, 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 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 1955, 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 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.
6 . GovernipgSStatutes and Ordinances . This Contract is made
and entered into pursuant to the California Land Conservation Act
of 1955 (Chapter 7 of Part 1 of Division 1 of Title 5 of the
' California Government Code commencing with Section 51.200) . 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 and 47 y.
1
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 May, 2002, and shall remain in effect
for a period of ten (10) years therefrom.
This Contract shall be automatically renewed and its terms
extended fora period of one (1) year on the last day of April 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 maybe 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 %%) 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 51283 (a) and (b) . Under no circumstances shall the
payment of said cancellation fee be waived, deferred, or made
subject to any contingency whatever.
2
(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,
S 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 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 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 parcel, 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, shall 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
3
section, provided, however, that failure of owner to execute
Contracts upon division shall not affect the obligations of the
hears, 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
JOHN SWEETEN, County Administrator
and Clerk of the Board of Supervisors
By: By:
Deputy ClerkJr-, Board of Supervisors
s
4
STATE OF CALIFORNIA CONTRA COSTA )
COUNTY OF )
On 6/18/02 before me, E. BLISS , Notary Public in and
for said County and State,personally appeared
IVAN NAHLIK AND ANNA NAHLIK
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.
COMMUME.8US8
tON 1347417
moTAW PUMX-CALIFOIMMA
CONTRA COSTA 0OUt N
� apiWrdt1i�200U
a
Notary Public in and for said County and State (Space above for official notarial area.)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN,MAIL AS
DIRECTED ABOVE
Name Street Address City&State
a
OWNER
American Forest Products, Incorporated
A Florida Corporation
B
van z t
Its : C ief Executive (icer
By:
Anna Nahlik
Its : Secretary
We the undersigned trust deed or other encumbrance holders do
herebyl.kgree to and agree to be bound by the above imposed
rest Cti ns.
,&96Z 1 K.
A
eM
Approved as to Form:
Silvana B Marcheai County Counsel
By: L C
Deputy
NOTE:All signatures for Owner
must be acknowledged.
i
s
5
State of California
County of Contra Costa
On .4 2co2 bfore me, Vincent Hua"Notary Public",personally appeared
)�a LL o A,1k,
personally known to me t be the p6rson whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on this instrument the person, or the entity upon behalf of which the person
acted, executed this instrument.
WITNESS my h d and official seal.
,, MNCgNTHLIA
_ CONW& Wan 013M74 L
Notary s Signature NeWry PrubM"ogww do
Comm Cub County
lw�y Conrn, Moy►�,�{
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP#01-0006
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
pages, attached hereto and incorporated by reference
herein.
z
February 28, 2001 :. _1 i; R� COSTA
Job No. 00162 02 AFT 2 v AM !0: 4 6
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EXHIBIT 'A"
LEGAL DESCRIPTION
Adjusted APN 205-030-003
All that real property situate in the County of Centra Costa, State of
California, described as follows:
Being a portion of Lots 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 follows:
BEGINNING at the southwest corner of said Lot 18;
THENCE leaving said Point of Beginning along the southerly line of said Lot
18, North 88037'00" East, 2690.00 feet:
THENCE South 85046"47" East, 769.54 feet to a paint on the southerly line
of said Lot 18;
THENCE along said southerly line South 74047'00" East, 467.00 feet;
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THENCE South 78053'00" East, 206.00 feet:
THENCE South 83°09'00" East, 196.00 feet:
THENCE leaving said southerly line South 36021'50" East, 421.02 feet:
THENCE South 88006"50" East, 420.58 feet to a point on the easterly line
of said Lot 19, also being the westerly line of Collier Canyon Road:
THENCE along said westerly line North 52014'00" West, 55.00 feet:
THENCE North 36016'00" West, 423.76 feet:
THENCE North 30°46'00" West, 174.12 feet, �Q,� +,��
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THENCE North 35°34'00" West, 573.95 feet,
THENCE North 14005'00'" West, 168.32 feet, < ) '
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THENCE North 5020'00" West, 361,29 feet: ,
THENCE North 21026'00" East, 229.51 feet;
THENCE North 1715600" West, 108.39 feet;
THENCE North 46051'00" West, 485.18 feet;
THENCE North 40055'00" West, 619.66 feet:
THENCE North 22005'00" West. 1+65.86 feet;
THENCE North 7036'00" West, 420.06 feet to the northeast comer of said
Lot 18;
THENCE along the northerly line of said Lot 18 South 89°35'00" West,
3383.24 feet to the northwest corner of said Lot 18,
THENCE along the westerly line of said Lot 18,South 0°23'00" 'West,
2621.00 feet to the Point of Beginning.
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EXHIBIT "B" DeBolt Civil Engineering2041
PLAT TO ACCOMPANY Bit San Ramon Valley Boulevard t
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LEGAL DESCRIPTION Danville; California 9453 ADJUSTED APN ^05-030-003 925 ! 837-3780 ,0062
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP # 01-0006
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, 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 . 1442 of Chapter 84-42 of the County Ordinance Code.
1 . Existing Non--conforminq Structures
The following non-conforming structures are permitted, subject
to the provisions of County Ordinance Code Chapter 82,-8 :
None.
2 . Existing Conforminc[ Structures
one single-family residence located on APN 205-030-003
designated as Lot "C' in an approved Minor Subdivision, County
File: M5#00-0015.
Two barns located on APR 205-030-003 designated as Lot "C" in
an approved Minor Subdivision, County File: M5#00-0015.
one blacksmith shop on APN 205-030-003 designated as Lot "C"
in an approved Minor Subdivision, County File: MS#00-0015.
One pump house on APN 205-030-003 designated as Lot "C" in an
approved ,Minor Subdivision, County File: MS#00-0015.
3 . proposed Structures
one single-family residence, one structure for living quarters
exclusively for agricultural workers (subject to deed
restriction and disclosures), two barns, one equipment shed,
one pump house and water storage tanks, water tower, and wind
energy and molar 'power conversion system for agricultural
operations on Lot "Am (Lot *"W' as approved In Minor
Subdivision, County File No. MS#00-0015) .
One single-family residence, one barn with upstairs living
quarters exclusively for agricultural workers (subject to deed
restriction and disclosures), blacksmith shop, pump houses and
water storage tanks, water tower, and wind energy conversion
system and solar power system for agricultural operations on
Lot "011 (Lot "BO as approved in Minor Subdivision, County File
No. MS#00-0015); and, subject to issuance of a land use
permit, one additional single family residences for members of
the family within third degree of consanguinity on Lot "B"
(Lot "B" as .identified in approved Minor ,Subdivision, County
File No. MS#00-0015) .
7
one structure for living quarters exclusively for agricultural
workers (subject to deed restriction and disclosures), a water
tower, and a wind energy conversion system and solar power
system for agricultural operations on Lot "C" (Lot "C" as
Identified in an approved Minor Subdivision, County File No.
MS#00-0015) .
4 . Existing Land Use
Livestock grazing.
5 . Proposed Land. Use
Livestock Grazing and Cultivation.
Winery on Lot "B" (Lot "B" as identified under an approved
Minor Subdivision, County File No. MS#00-0015) subject to the
Issuance of a land use permit.
5 . Existing Use Compatible with Agricultural Use
Livestock grazing, including a single-family residence and
agricultural-related structures located on Lot "C" in an
approved Minor Subdivision, County File: MS#00-cols (see above
#Z. Existing Conforming Structures) .
7 . Proposed. Use Compatible with Agricultural Use :
Livestock Grazing and Cultivation.
Winery on Lot "B", (Lot "B" as identified under approved Minor
Subdivision, County File No. MS#00-0015), subject to the
Issuance of a land use permit.
ds\1and-con.con\apo1oo6
RESOLUTION 2002/
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