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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-455 THE HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on by the following Grote: 'AYES: SUPERVISORS UILKEMA, GERBER, DdSAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE >!ABSTAIN: NONE RESOLUTION M. 2002/455 'SUBJECT: LAND CONSERVATION CONTRACT AF##01-0006 } } The Board of Supervisors of Contra Costa County RESOLVES that : 1 . Parties . BY THIS CONTRACT, made and entered into the 7th day of May-4 2002 , American Forest roducts, 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 >roperty located within the County, which property is presently devoted to agricultural and compatible uses and is particularly 6.1escribed in Exhibit A, attached hereto and made a part of this contract . 3 . Purpose. Both Owner and County dewire to limit the use of <aid property to agricultural uses and to compatible uses specified . n 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 .alifornia. 4 . Intent of Parties : Enforceable Restriction. Both Owner aid County intend that the term, conditions and restrictions of tis 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 , Al; ticle- l.5 of the California Revenue and Taxation Code (Rev. & Tax C()de § 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, S 8 of the California Constitution so the effect of the tarms, conditions and restrictions of the Contract on property vi; for taxation purposes is substantially as favorable to owner a$ 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 Ccs-linty Ordinance Code, Chapter 84-42 and Chapters 810-2 through 810-4, and Resolutions of the Contra Costa County Board of Subervisors Numbers 669-763 and 472 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 S 51220 . 5 . Said board shall not eliminate, without written consent of the Owner or his successors for 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 -ach succeeding,year during the term hereof, unless notice of non- . enewal 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) ,-:rear term of restriction unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code. Under ro circumstances shall a notice of renewal be required of either Warty 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 <se of the 'land described in Paragraph 2 may be canceled as to all pIr 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 itnterest, 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 aptly if' there is no ether reasonable or comparable agricultural use t-10 which the land may 'be put . (b) Upon cancellation of said portions of this Contract, 0.4ner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to the greater of twelve and ore-half (12 %%) percent or the current fee provided by state law a" the cancellation value of the property being released from the trms of this Contract . Said cancellation value shall be df.#termined in accordance with theprovisions of Government Code Section 51283 (a) and (b) . Under no circumstances shall the pllyment 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 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 sand 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 ::ontract 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 der 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 iquidated and agreed damages, it having been agreed that actual <,lamages will be impractical and extremely difficult to ascertain rI nd 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, he percentage payment in this subdivision shall be changed so no ,rester percentage of full cash will be paid than would have been l=aid 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 `aunty 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 cvvision of the property described in Exhibit A into two (2) or ir=e parcel, whether by sale, gift, by operation of law or by any ol..her means, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said p„operty for exclusive agricultural use, shall be construed by the County as notice of non-renewal by the property owner as provided i� 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 prcel created by the division at the time of the division. Any avency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the d.xvision, 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 heirs, successors and assigns of owner as established in Section 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 ounty in consideration of the obligations imposed hereunder, it ceing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit -o 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 -ierein. 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 19 . Effect of Removing Preserve or Zoning Classification. emoval of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning F.lassification thereof shall be the equivalent of notice of non- . enewal by the County for purposes of Section 422 of the Revenue find Taxation Code . . TTEST; COUN'T'Y OF CONTRA COSTA V'OHN SWEETEN, County Administrator and Clerk of the .Board of Supervisors By: By: Deputy Clerk Board of Supervisors { 4 OWNER American Forest Products, Incorporated A Florida Corporation —Pfvanrocrilioar. Its : C ief Exec ive (icer By: Anna Nahlik Its : Secretary We the undersigned trust deed or other encumbrance holders do hereby ree to and agree to be bound by the above imposed rest ' cti ns. Approved as to Farm: Silvan o B March i, County Counsel. By: Deputy NOTE:All signatures for Owner must be acknowledged. t 5 ONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO, AP##01_0005 EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which :his exhibit is attached, the land described below is designated as he 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. r 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 Vonserv'ation Contract, of which this exhibit is made a part, except As otherwise .rioted below, the land uses and structures described �t;elow are authorized without a land use permit subject to the terms nd 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 s=ection 84-82 . 1402 of Chapter 84-42 of the County Ordinance Code . 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 One single-family residence located on APN 205-030-003 designated as Lot "C" In an approved Minor Subdivision, County File: MS#00-0015. Two barns located on APN 205-030-003 designated as Lot "C" in an approved Minor Subdivision, County File: MS#00-0015. One blacksmith shop on A.PN 205-030-003 designated as Lot "C" In an approved Minor Subdivision, County File: MS#00-0035. One pump house on APN 205-030-003 designated as Lot "C" in an approved Minor Subdivision, County Fixe: 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 solar 'power conversion system for agricultural operations on Lot "A" (Lot "A" 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 house and water ,storage tanks, water tower, and wind energy conversion system and ,solar power system .for agricultural operations on Lot "B" (.Lot "B" as approved In Minor Subdivision, County File No. MS#00-003:5), and, subject to .issuance of a land use permit, one additional single family residence 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 structures for living quarters exclusively for agricultural workers (subject to deed restriction and disclosures), a water tower, and a wand 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) . F: . Existing Land Use Livestock grazing. Proposed Land Use Livestock Crazing 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. (11. Existing Use Cam atible 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#00-0015 (see above #2. 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#00-0025), subject to the Issuance of a land use permit. d:' 1and-c0n.00n\ap01006 RESOLUTION 2002/ 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: Mone 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 }vhich authorized the Chairman of the Board to execute Land Conservation Contract No. 6- '7 2 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. On 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 timend 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 t1lat 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 ibdivision (County File: MS#00-0015)dividing APN: 205-030-003 into three new parcels eighty, eighty-six and eighty acres, respectively. RESOLVED, pursuant to Section 66474.4 of the California Government Code, the Beard 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 cl€eation 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. RESOLVED, pursuant to Section 51254 of the California Government Code, the B.3ard of Supervisors RESCINDS Land Conservation Contract No. 6-72 as it affects APN: f 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 F( rest 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 resoluti ',. TO: BOARD OF SUPERVISORS ,� •. . ,,� . Contra FROM: DENNIS M. BARRY, AICP `" Costa COMMUNITY DEVELOPMENT DIRECTOR � ,. County DATA:;: MAY 7, 2002 SUBiECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.6-72 AFFECTING APN: 205-030-003 AND APPROVE A NEW LAND CONSERVATION CONTRACT, LAND CONSERVATION CONTRACT NO. O'Lt0006, WITH AMERICAN FOREST PRODUCTS, INC. FOR APN: 205-030-003 SPECIFIC REQUEST(S) OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution rescinding the existing Land Conservation Contract No. 6-72 affecting APN: 205-030-003, and ADOPT resolution approving a new contract, Land Conservation Contract No. 01-0006, for APN: 205-030-003 owned by American Forest Products, Inc., and AUTHORIZE the Chair to execute new Land Conservation Contract No. 01-0006 for APN: 205-030-003 with American Forest Products, Inc. FISCAL IMPACT Nome. CONTINUED ON ATTACHMENT: X YES SIGNATURE -RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEk -1.,*PPROVE OTHER SlGNumwww� A"'URE(S : ACTIO'# OF BOAnON May 7, 2002 APPROVED AS RECOMMENDED X OTHER,,,-„ VOTE )F SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X €3NANIMOUS(ABSENTA,1oU j CORRECT COPY OF AN ACTION TAKEN AND AYESNOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSEK<T: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P. Roche,CDD-AP(925)335-1242 ATTESTED May 7, 2002 cc. community Development Dept. JOHN SWEETEN, CLERK OF THE BOARD OF CAO SUPERVISORS AND COUNTY ADMININISTRATOR Co my Counsel CoMty Assessor(vie CDD) U'kDEPUTY CADept. of Conservation(via CDD) BY Arf erican Forest Products, Inc.(via CDD)