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RESOLUTIONS - 01012002 - 2002-283
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adapted 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. 20021 283 SUBJECT: RESCIND existing Land Conservation } Contract No. 4-73 as to the 158 Acres } Comprising as to APN: 365-020-033 } AUTHORIZE the Execution of a } new Land Conservation Contract } No. 02-0001 with Braddock& Logan Croup, L.P. } For APN: 365-020-033 } The Board of Supervisors of Contra Costa County RESOLVES that: On January 23, 1973,the Board of Supervisors adopted Resolution No. 73156 which authorized the Chairman of the Board to execute Land Conservation Contract No. 4-73 with Antone and Mary Pereira, covering 211 acres along Alhambra Valley Road {Briones Hills area}, including the 158 acres that make up APN:365-020-033,and said contract was subsequently executed by the Board Chair, and recorded on February 20, 1973. On July 23, 2001, the County Zoning Administrator approved a minor subdivision {County File: MS#01-0007}dividing APN: 365-020-0.33.into two new parcels of 40 and 52 acres plus the designated remainder of 51 acres, In March 2002, Braddock & Logan Group, L.P., the current owners of APN: 365- 020-033 filed an application with the Community Development Department requesting to rescind Land Conservation Contract No.4-73 as to APN: 365-020-033, and to enter into a new Land Conservation Contract to reflect the agricultural or compatible uses, agricultural related structures, and residences that they Intend to pursue on the two new parcels plus the designated remainder created under an approved minor subdivision {County File: MS#01-0007}. 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 land nor result in residential development not incidental to the commercial agricultural use of the land. .t RESOLVED, pursuant to Section 51254 of the California Government Code, the Board of Supervisors RESCINDS Land Conservation Contract No. 4-73 as it affects the 15,8 acres under APN: 365-020-033, now-owned by Braddock & Logan Group, L.P., and AWTHORIZES the Board Chair to execute a new contract,Land Conservation Contract No. 02-0001, covering the 158 acres, with Braddock & Logan Group, L.P. 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. 02-0001, 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. �] , ATTESTED:..... Y-4 r JOHN SWr;ETEt4, Cierk of the Board erviso a d un m istrator Orig.Dept.:Community Development Department 13y Deputy Contact:Patrick Roche(925/336-1242) cc: CA Dept.of Conservation Office of County Assessor PRid:boardr*Wudonap02.0001 RESOLUTION 2002/ 283 t OWNER Braddock & Logan Group II, L.P. , A California limited partnership By: Braddock & Logan Services, Inc. A California corporation Its : .General Partner By. 4z'-AZ4� seph E. RaCph�e-D'— Its : 46resident Je a S. Lawrence ice President We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions . NOTE : All signatures for Owner must be acknowledged. Approved as to Forms Silvano B. Marched., County Counsel By. Deputy 3� ALL-PURPOSE ACKNOWLEDGEMENT Mate of California ss. County of (L7r.a C.4S R On _ lez to before me, .� /�7 /�.E 9 , i DATF1 t NGTA RYl personally appeared '54 N Z-: L 'SIGNER(S) ( personally known to me - OR - ] proved to me on the basis of satisfactory evidence to be the person* whose name( is/0esubscribed to the within instrument and acknowledged to me that he/§'e/tl*y executed the same in his/l�w/tb"ir authorized capacity(ra), and that by his/!D'/tI�K signatures(Kon the instrument the personal, or the entity ;upon behalf of which the person(' acted, executed the instrument, t4"Y L EMBAEY CCI mawlit5F113MOM WTAWr rOrrw►CMA 000y WITNESS my hand and official seal. 1 t1ARY'SSIGNATUR2 OPTIONAL INFORMATION The information below is not required by taw, However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL - .r „ Com. Ax CORPORATE OFFICER TITLE Z)R TYPE OF DOCUMENT - STLHtSI PARTNER(s) ` a ATTORNEY-IN-FACT NUMBER AGES [� TRUSTEE(S) ® GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER: OTHER SIGNER IS REPRESENTING: RlGHTTHUMBPRINT NAME OF PERSONS)OR ENTITY(les) p OF r� ttc.1G. 1 ► •+i SIGNER APA 3/99 VALLEY-SIERRA, 800-362.3369 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of C'o rA ss. On c. before me, �Ca1 -- i DATE" (NarARY) personally appeared -jig V'ALA Lc- SIGNER(S) personally known to me - OR proved to me on the basis of satisfactory evidence to be the personE 4, whose name) is/aWsubscribed to the within instrument and acknowledged to me that he,4� executed the same in his/*eTft� authorized capacity(wz, , and that by his/4or�� signatures(l*on the instrument the person; or the entity upon behalf of which the personX acted, executed the instrument. IN"Y E.EMBREY COMMMM 1WTARY ,�0A" WITNESS my hand and official seal. o COL4M my CMM"*"Mr*J"& dA NC AWAVS SIGNATURE OPTIONAL INFORMATION The information below is not required by law, However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT CD INDIVIDUAL C.Drti44AA)�*rw t. CORPORATE OFFICER `"�t'Z+11 — mss. — TITLE OR TYPE OF DOCUMENT, �PARTNER(S) ATTORNEY-IN-FACT NUMBER OF WES [� TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT [� OTHER: y OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENT TY('rs! OF. SIGNER s APA 3199 VALLEY-SIERRA. 80362.3369 CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO, AP 02--0001 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. M OLD REPUBLIC TITLE COMPANY ORDER NO. 235044-SCJ UPDATE The land referred to in this Report is situated in the County of Contra Costa , in the uninco gbrated area, State of California, and is described as follows: PARCEL ONE: A portion of Rancho Boca De La Canada De; Pjnole more particularly described as follows: Beginning at post F. R. 23 of the Official Survey of the Rancho El Pinole; thence East 1.25 chains; thence South 1.00 chain; thence West 4.83 chains for the point of beginning of this survey; thence South. 13-1/4 * East, leaving ranch boundary and along fence 3. 61 chains to station; thence South 2-1/2' East, along ' fence 6.56 chains to station in center of Pinole Valley Road; thence along said road North 80'3/9' West, 1.51 chains to station; ' thence South 75` West, 4,25 chains to'station; thence North 67-1/4' West 1.38 chains. to station, thence South 62-3/4 ` West 5.53 chains to station; thence South 28-1/2' East, leaving road and crossing creek 2.46 chains to station on North bank of gulch; thence North 64-1/2' East, 3.64 chains to station on North bank of gulch; thence South 30-1/2` East, crossing gulch 8.84 chains to station; thence South 15-1/2' East, 6.13 chains to station; thence South 12' West, 3. 63 chains to station; thence South 15-1/4' East, 36.76 chains to station on the Northern boundary line of what was formerly known as the Garcia Ranch; thence South 52-1/2' West along the Northern boundary line of the said Garcia Ranch, 26.42 chains to station; thence North 1/2' West along fence and Eastern boundary line of Silvas Rancho 31.36 chains to station corner of `fences; thence South 89-1/2' West along fence and Northern boundary line of Silvas Rancho, 25.18 chains to station on West bank of Pinole Creek; thence North 25-1/2' West along West bank of Pinole Creek 1,00 chain to station; thence East 1,52 chains to station on East bank of Pinole Creek; thence following East bank of Pinole Creek, North 15' 05' West, 5.76 chains to station; thence North 2' East, 2.46. chains to station; thence North 12-1/4` East, 2.12 chains tc station; thence North 5' West, 2.41 chains to station; thence North 21-3/4' East, 3.23 chains to station; thence North 26' East, 4.04 chains to station; thence North 34' 56' East, 1. 67 chains to. station; thence North 30' 25` East, leaving Creek, 1.40 chains to station; thence North 5'. East, 28.25 chains to station on the Northern boundary line of the Rancho La Boca de La Canada de Pinole; thence East along the Northern boundary line of said Rancho 30.36 chains into the' point of beginning. SAVE AND EXCEPT FROM THE ABOVE DESCRIPTION: ` 1. A piece of land containing 0.57 acres conveyed in the Deed from Bernard Borach to the Briones Valley School District, recorded September 29, '1883.. in Book 44 of Deeds, Page 101, Contra Costa County Records and known as the Briones r;;Valley School-House Lot. r 2. Also that certain piece of land conveyed by Bernard Borach to Simon Blum by Deed dated November 3, 1883, containing 1. 92 acres of land and known as Garcia Road. 3. That property conveyed to Contra Costa County by Deed recorded September 23, 1943„ in Sauk 730 of Official Records, Page 89. Page„ ,,,of 14 Pages ORT 3157•C OLD REPUBLIC TITLE COMPANY ORDER NOi 235044-SU UPDATE , 4. That property conveyed to Contra Costa County by Deed recorded July 30, 1956, in Book 2915 of Official Records, Page 526. 0 5. All that portion thereof conveyed in the Deed from Henry F, Pereira, as Trustee et al, to Thomas M. Powers, et ux, recorded December 1, 1{998, Series No. 98-301006, Centra Costa County Records. (Being APN 365-020-033) i A i i r . 1 i F i i Y PaSe 4 of 1.0 Pages ORT 3157•E CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 02-0001 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 . 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 : None. 3 . Proposed Structures One single family residence, barn, and a stable located 7{ on lot " ' ,as identified in an approved Minor Subdivision for AFX: 365-020-033 (County File: MS# 01- 0007) . One single family residence, barn, and a stable located on lot 'I " as identified in an approved Minor Subdivision for AFN: 365-020-033 (County Filo: MS#01-0007) . One single family residence, barn, and a stable located on the "remainder lot" as identified in an approved Minor Subdivision for AFN: 365 .020-033 (County File: MS##01- 0007) . 4 . Existing Land Use Grazing. 5 . Proposed Land Uses A. Grazing and Cultivation. B. Wildlife habitat conservation easements on parcels "A", ",S", and the "remainder parcel" as 'identified in an approved Minor Subdivision for ABN: 365-020-033 (County File: '#01-0007) . P, 3 C. At least one detached single-family dwelling per legal parcel or lot as established under an approved Minor Subdivision (County File: M6#01-0001) , which conform to the minimum acreage requirements under the A-4: Agricultural 'reserve Zoning District. 7 6. Existing Use Compatible with A ricultural Use Grazing. 7 . Proposed Use Compatible withA2Acricultural Use A. Grazing and Cultivation. B. Wildlife habitat conservation easements on parcels "A'•, "B" and the "remainder parcel" as identified in an approved Minor Subdivision for APN: 365-020-033 (County File: M9#01-0007) . C. At least one detached single-family dwelling per legal parcel or lot as established under an approved Manor Subdivision (County File: MS#01-0007) , which conform to the minimum acreage requirements under the A-41 Agricultural Freserve Zoning District, RESOLUTION 20021 472 d;\land-con.con\braddockiloga=arch2002 r a x TO: BOARD OF SUPERVISORS Centra FROM: DENNIS M. BARRY, AlCP Costa COMMUNITY DEVELOPMENT DIRECTOR �.c County DATE: MAY 7, 2002 SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.4-73 AFFECTING APN: 365.020-033 AND APPROVE A NEW LAND CONSERVATION CONTRACT, LAND CONSERVATION CONTRACT NO.02-0001, FOR APN:365-020-033 WITH BRADDOCK & LOGAN GROUP, L.P. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution rescinding the existing Land Conservation Contract No.4-73 as to APN: 365-020-033, ADOPT resolution approving a new contract, Land Conservation Contract No. 02-0001 for APN: 355-020-034/035 and AUTHORIZE the Chair to execute Lana Conservation Contract N©. 02-0001 with Braddock.& Logan Group, L.P. forAPN 365-020- 033. FISCAL IMPACT None, CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITT APPROVE OTHER SIGNATURE Sj: ACTION OF BOARD ON May 7,. 2002 APPROVED AS RECOMMENDED _L_OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT None 1 CORRECT COPY OF AN ACTION TAKEN AND AYES:—NOES: ENTERED ON THE MINUTES OF THE;BOARD OF ABSENT:ABSTAIN: SUPERVISORS ON THE DATE SHOWN C)Ontarct: P. Roche,CDD-AP(925)335.1242 ATTESTED May 7, 2002 JOHN SWEETEN, CLERK OF THE BOARD OF c Community Development Dept, GAC! SUPERVISORS AND COUNTY ADMININISTRATOR County Counsel County Assessor(vis CDD) CA Dept. of Conservation(via CDD) BY DEPUTY Joseph Raphel, Braddock& Lown Group, L-P. (via CDD) _. May 7, 2002 Board of Supervisors County File: AP#02-0001 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Braddock& Logan Group, L.P., recently purchased 158 acres comprised of APN: 365-020- 033, located at Alhambra Valley Road and Bear Creek Road in the Briones Hills area,from the Henry F. Pedera Trust. A tentative map to subdivide the 158 acres in to two parcels with a designated remainder was approved by the Zoning Administrator on July 23, 2001 (County File: MS#01-0007).This approval included a condition to rescind the existing Land Conservation Contract(AP#4-73)and to simultaneously execute a new Land Conservation Contract that would cover the three parcels that make up the 158 acres as approved under M S#01-0007. APN: 365-020-33 is one of several parcels that make up a 211- acre Agricultural Preserve (Williamson Act) that was established on January 23, 1973 under Land Conservation Contract No. 4-73 between the County:and Antone and Mary Periera. Braddock & Logan Group, L.P., having recently acquired APN: 365-020-033, intends to continue agricultural uses or compatible uses on the three parcels created under the approved minor subdivision. Braddock & Logan Group, L.P. is seeking to rescind the existing Land.Conservation Contract No. 4-73 for APN: 365-020-033, and simultaneously enter Into a new Land Conservation Contract with the County, They have submitted a proposal for a new Land Conservation Contract (Williamson Act contract) that identifies new agricultural or compatible uses, agricultural related structures, and three homesites on each parcel to be created under the approved minor subdivision. Attached is a copy of a Board Resolution rescinding the Land Conservation Contract No.4- 73 for the 158 acres comprising of APN: 365-020-033 and a new contract, listed as Land Conservation Contract No.02-0001. It is recommended that the Board rescind that portion of Land Conservation Contract AP# 4-73 affecting the parcels now owned by the Powers and authorize the Chair to execute a new Land Conservation Contract with Braddock & Logan, L.P. , as defined in the attached Land Conservation Contract No. 02-0001. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order can May 7, 2002 by the following gots AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA NOES: NONE ASSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 472 SUBJECT: LAND CONSERVATION CONTRACT } AP 02-0001 (Braddock & Lagan) ) } The Board of Supervisors of Contra Costa County RESOLVES .that: 1 . Parties . BY THIS CONTRACT, made and entered into the 7th} day of may , 2002, Braddock & Logan Group, L.P. , hereinafter referred to as "OWNERS, " 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 h'a's 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 2965, 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 S 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 . 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 I California Government Code commencing with Section 51200) . This Contract further is made pursuant to and subject to Contra Costa County Ordinance Code, Chapter 89.42 and Chapters 810-2 through 810-4, and Resolutions of the Contra Costa County Board of Supervisors Numbers65-763 and 2002-315 . 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 5 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 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 . 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. 11 W (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 cane-half (12 �A) 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 2 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 U 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 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 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 nett 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 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 � �ection 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 3 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 sand. 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 922 of the Revenue and Taxation Code . ATTEST: May 7, 2002 COUNTY OF CONTRA COSTA John Sweeten, County Administrator and Clerk of the Board of Supervisors By: By:J Deputy Clerk C a r, Board of Supervisors a• 4