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HomeMy WebLinkAboutRESOLUTIONS - 12202005 - 2005-790 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 20, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/790 SUBJECT: LAND CONSERVATION CONTRACT, AP#05-0001 ) The Board of Supervisors of Contra Costa County RESOLVES that: 1. Parties. BY THIS CONTRACT, made and entered into the 20°i day of December, 2005, Gordon R. and Karen Rasmussen 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 § 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 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 68/635 and 2005/487. 1 /� Te 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 December 2005, 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. (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 %z%)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. (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, § 8 of the California Constitution. RESOLUTION NO. 2005/790 2 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 or substantial portion thereof unfit for 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 Contractor other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the laird 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 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. 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. RESOLUTION NO. 2005/790 3 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. Al.G»l,bis�o'Ld� ATTEST: COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: BY: � r� De uty Clerk 6thair, Boar of Supervisors OWNER We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: Silvan B. Marchesi, County Counsel By: Deputy County Counsel NOTE: All signatures for Owner must be acknowledged. RESOLUTION NO. 2005/790 4 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. Ave-ew,r7h6'Y °ewi ATTEST: COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors eputy CI rk T Chair, Board of Supervisors OWNER ��" ./�� Ir GSL=� tel, !� �!%':✓' �L, i- �a �Y We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: Silvano B. archesi, County Counsel By: Deputy County Counsel NOTE: All signatures for Owner must be acknowledged. RESOLUTION NO. 2005/790 4 1.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Cali rnia County of (� On ( vU before e h l a,� / / ersonally appeared, `r u IJ v " 4' reN Al U5s'-e-(\-", _personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name 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. Witness my hand and official seal CHAD L.HARTZELL Commission#1446339 Notary Public-California Napa County l My Comm.Expires Oct 30,2007 a ure of Notary) (Seal of Notary) y u CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP#05-0001 EXIJIBLf A t� 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 properly is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. ,y 3 RESOLUTION NO. 2005/790 5 e hex tt<t CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP#05-0001 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 1.t pages, attached hereto and incorporated by reference herein. RESOLUTION NO. 2005/790 5 OLD REPUBLIC TITLE COMPANY ORDER NO. 195807-TO 1ST UPDATE The land referred to in this Report is situated in the County of Contra Costa , in the unincorporated area StatePARCEL California rnniiaa and is described as follows: The Southeast 1/4; the East 1/2 of the Southwest 1/4, and Lots 3 and 4 of the Southwest 1/4, all in Section 10, Township 2 South, Range 1 East, Mount Diablo Base and Meridian. PARCEL TWO: That parcel of land, described in the Deed to J. C. Rasmussen, recorded March 20, 1914, Book 224, Deeds, Page 105, and which parcel of land is more correctly described in the Deed to J. C. Rasmussen, recorded October 27, 1930, Book 262, Official Records, Page 28, as follows: "Beginning at the southeast corner of the East 1/2 of the Northwest 1/4 of Section 10, T. 2 S. , R. 1 E. , M.D.M. ; thence North 1/40 East 547 .2 feet to station on the south side of the County Road, 50 feet wide, as described in a quitclaim deed from Jeremiah P. Rathbone to County of Contra Costa, dated August 7, 1876 and now on file in Volume 31 of Deeds, Page 25, records of Contra Costa County; thence North 75 1/20 West, along the southern boundary of the County Road, aforesaid 292 .3 feet to station; thence South 4 1/20 West, leaving said road 626.7 feet to station in the southern boundary line of the East 1/2 of the Northwest 1/4 of Section 10, T. 2 S. , R. 1 E. , M.D.M. aforesaid; thence North 89 1/40 East, 335.0 feet to the point of beginning. " PARCEL THREE: Portion of Lot 2, Map of the property of the Estate of Elizabeth A. Dougherty, deceased, filed May 4, 1891, Map Book C, Page 63, Contra Costa County Records . , containing 28 .34 acres, more or less, described as follows : Beginning at Station S. R. 6 on the exterior boundary line of the San Ramon Rancho, said station being at the southeast corner of Lot 2, as designated on said map; thence from said point of beginning North 10 East along the east line of said Lot 2, 1270.50 feet; thence leaving said line West 781.44 feet to a point in the center of Tassajara Road; thence along the center of said road South 180 West, 1324 .62 feet to the south line of said Lot 2; thence South 890 30' East along the south line of said Lot 1168.20 feet to the point of beginning. PARCEL FOUR: The Fractional Southeast 1/4 of the Southeast 1/4, Section 9, Township 2 South, Range 1 East, Mount Diablo Base and Meridian. (Being APN 205-040-002) Page 3 of 5 Pages ORT 3157-C CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP#05-0001 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, 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 Parcel "A "under County File MS#96-0014(87.08 acres): One single family residence and a mobile home and agricultural shops/storage sheds. Parcel "B"under County File MS496-0014(102.88 acres): One single family residence and agricultural shops/storage sheds. Parcel "C" under County File MS496-0014 (87.69 acres): One single family residence, barns, and agricultural shops/storage sheds. 3. Proposed Structures Parcel "D" under County File MS496-0014 (98.53 acres): One single family residence, barns, agricultural shops/sheds, and a caretaker's residence. 4. Existing Land Use Cattle grazing on all four parcels created under County File MS#96-0014. 5. Proposed Land Use Cattle grazing on all four parcels created under County File MS496-0014. 6. Existing Use Compatible with Agricultural Use Cattle grazing on all four parcels created under County File MS#96-0014. 7. Proposed Use Compatible with Agricultural Use Cattle grazing and provision for one single family residence on all four parcels created under County File MS#96-0014, plus barns, agricultural shops/storage sheds, and caretaker's residence. 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. ,r ATTESTED: JOHN R. SWE TEN, Clerk of the Board of Supervisor a d County Administrator RESOLUTION NO. 2005/ Deputy 6