HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-319 TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
lot .
Adopted this order on May 7, 2002 by the fallowing votes
AYESs SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOWER and GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN s NONE
RESOLUTION .. 20,02/ 319
SUBJECT: LAND CONSERVATION CONTRACT )
AP 01--0003 (Powers) )
The Board of Supervisors of Contra Costa County RESOLVES that :
1 . Parties. BY THIS CONTRACT, made and entered into the seventh
day of May, 2002, Thomas M. and Donna R. Powers, 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 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 5 421 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 Cdntract 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
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 81.0-2 through
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81.0-4, and Resolutions of the Contra Costa County Board of
Supervisors Numbers 69/763 and 2002/8,8- ;
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 boar 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 `�4ction 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 union 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 W 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
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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,
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 . y
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,W) 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 ate 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, 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
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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 Section16 .
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.
15 . Income and Ex2ense 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 Zonin2 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: May 7, 2002 COUNT-i% C'F CONTRA. COSTA
JOHN SWEETEN, County Administrator
and Clerk of the Board of Supervisors
By: BY
Deputy Clerk Chai Board of Supervisors
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OWNER
VB :.- Thomas M. Powers
By: Donna R. Powers
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 Form:
Silva .@. Mar�,,hes , County Counsel
By:
epu y
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 01--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 7
pages, attached hereto and incorporated by reference
herein.
d;llandcon\paweresap010003revioedmarch2002
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Order No. ; 310497-SU
FffMBI'T "A!'
The land referred to is situated in the State of California, County of Contra Costa,
City of Martinez, and is described as follows.
Parcel A, Map Subdivision MS 970015, filed November 9, 1999, in Book 175 of Parcel
Maps, Page 27, Contra Costa County Records.
(Being APN 365-020-034)
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OLD REPUBLIC TITLE CC3M13AN:i
ORDER NC}. 317056-CO
The land referred to In this Report is situated in the County of Centra Costa, City of Martinez,
State of California, and is described as follows,
Parcel B, Map Subdivision MS 970015, filed November 9, 1996, in Book 175 of
Parcel Maps, Page 27, Centra Costa County Records.
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(Being APN 365-020-035)
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP 01-
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 , except as ot.herwlse noted below, the land uses
and structures described below are authorized without a
band 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 ordinanbe Code .
1 . ExistinS Non-conforming Structures r'
iM
The following non-conforming structures are permitted,
subject to the provisions of County ordinance Code
Chapter 82-8 :
A. Moblle Home at 6240A Alhambra Valley Rd. , Martinez,
CA on AP # 355-020-35
2 . Exipting Conforming Structures :
The following structures are. permitted:
A. House at 6140 Alhambva Valley Rd. , Martinez, CA can
APN: 365-020-35
H. Barn at 6140B Alhambra Valley Rd. , Martinez, CA on
APM: 365-020-35
C. House at 6180 Alhambra Valley Rd. , Martlnez, CA can
APN': 365-0217-.34
D. Telsco=municatlonas recelving and transmitting
facl2lty Zor a ceaellular telephone site on APN': 365-
020-34 (as approved under County F12 e: ZP# 01-2037)
3 . Pr020sed Structures
A. Three agricultural .processing and a 1 1pruent stoxage
buildin_4sa on APN': .355-020-34
B. Bar'.n and stable on AP1N': 365-020-34
C.Three agxlcul tural p=oce,ssing and equipment storage
buildings on APIA: 365-020-35
4 . Existing Land Use
Graxing, cul tiva ti on, ,and horti culture.
S . Proposed Land Uses
Grazing, cultivation, and ho.-ticultu.-e; and, the
possible sitting of a telecommunications x:eceiving or
transmitting facility (cellular telephone al tel
subject to issuance of a land use permit. A winery use
and accessory structure subject to the Issuance of a
land use permit.
6 . Existing Use Compatible with Agricultural Use
Grazing, cultivation, and box-t.iculture; processing of
agricultural products, and, the storage of
agricultural products, supplies, equipment and
agrlcultural .related construction materials.
47 . Proposed Use Cocnpatibl_e with Agricultural Use
Grazing, cultivation, and horticultuz-e; processing of
agricultural products; and, the storage of
agricultural products, supplies, equipment and
agricultural related construction materials.
Laving accommodations for agricultural workers
employed on the property.
A telecommunication receiving and tr•ansmI t:tin_q
facility- for a cellula.- telephone site (subject to a
Land Use .PDX-m,i t) .
A minor, non-commercial wind energy conversion system
for use on the subject parcels.
Through the term of this contract a winery is a
possible and compatible use on A.PM 365-020-34 and APM
365-020-35. The winery use and accessory structure are
subject to the issuance of land use permit.
RESOLUTION 2002/319