HomeMy WebLinkAboutMINUTES - 03182008 - C.80 TO: BOARD OF SUPERVISORS
FROM: DENNIS M. BARRY, AICP
' Contra
Costa
COMMUNITY DEVELOPMENT DIRECTOR `S ...` County
DATE: March 18, 2008
SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO. 13-77 AS TO LAND
COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NO.(APN)001-041-055,AND
APPROVE A NEW LAND CONSERVATION CONTRACT, NO. 08-0003, FOR SAID
PROPERTY WITH KEMP LAND COMPANY,A CALIFORNIA CORPORATION, BYRON
AREA. (COUNTY FILE AP#07-0001) (SUP. DIST. III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. DETERMINE that the proposed actions are categorically exempt from the California
Environmental Quality Act(CEQA Regs, Section 15317, Class 17).
2. ADOPT Resolution No.2008/138 rescinding existing Land Conservation Contract No. 13-77
as to the parcel commonly identified as APN 001-041-055.
3. ADOPT Resolution No. 2008/140 approving Land Conservation Contract No. 08-0003 for
the parcel commonly identified as APN: 001-041-055 with Kemp Land Company, a
California Corporation.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
—tZRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
'APPROVE OTHER
SIGNATURE(S):
ACTION OF BO R ON41�=-�, MS APPROVED AS RECOMMENDED ZO/HER_
VOYOF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT CORRECT COPY OF . AN. ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: James Cisney, CDD-AP(925) 335-1314 ATTESTED kgck
cc: Community Development Dept. JOHN CULLEN, CLERK OF THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMININISTRATOR
County Counsel ,
County Assessor(via CDD)
CA Dept. of Conservation(via.CDD) B Lr/ , DEPUTY
Kemp Land Company, a California Corporation(via CDD)
March 18, 2008
Board of Supervisors
County File: AP 07-00001
New Land Conservation Contract 08-0003
RECOMMENDATIONS continued
4. AUTHORIZE the Chair to execute Land Conservation Contract No. 08-0003.
5. DIRECT the Community Development Department to record the above resolutions with the
County Recorder and to forward copies of these resolutions to the California Department of
Conservation, and the Office of the County Assessor.
6. DIRECT the Community Development Department to file a Notice of Exemption under
CEQA with the County Clerk.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Kemp Land Company, a California corporation,("Owner')owns that property described in Exhibit A
to proposed resolution to RESCIND existing Land Conservation Contract No. 13-77(attached herto
as Exhibit"B")as to land commonly known as APN 001-041-055. The owner has applied to place
the property into a new Land Conservation Contract.
The Williamson Act program (Government Code, Sections 51200 et. seq.), through land
conservation contracts, restricts land uses and structures on property under contract. The
Williamson Act provides for a process to rescind an existing contract and enter into a new contract
by mutual agreement between the parties provided that the new contract remains consistent with
the intent and purpose of Williamson Act
The owner intends to make agricultural use of the property, but it wants its own separate contract
that allows for the establishment of a new single-family dwelling, a residential second unit,and new
agricultural structures. The owner desires to rescind the existing Land Conservation Contract No.
13-77 only for its property for the purpose of entering into a new Land Conservation Contract.
The new single family dwelling and a residential second unit would each be incidental to the
primary agricultural use of the property and are consistent with the intent and purpose of the
Williamson Act and the County Code (Chapter 84-42 and Chapters 810-2 through 810-4).
2
March 18, 2008
Board of Supervisors
County File: AP 07-00001
New Land Conservation Contract 08-0003
BACKGROUND/REASONS FOR RECOMMENDATIONS - continued
The parcel is located in Agricultural Preserve No 13-77,established on February 8, 1977, by Board
Resolution No. 77/130.The parcel is currently restricted under Land Conservation Contract No. 13-
77, also approved on February 8, 1977 by Resolution No. 77/130 between the County and Leroy
and Rhoda Simonich.
The parcel is about 20 acres in size and is not prime agricultural land. The parcel was created by
Subdivision 7535, approved by the Board of Supervisors on November 6, 1990, subdividing 455
acres into twenty separate parcels of non-prime land. (County File: SD#7535).
In approving Subdivision 75315,the Board found that the lots created were not too small to sustain
agricultural uses. (See Board Order of November 6, 1990, adopting findings of the East County
Regional Planning Commission as set forth in Resolution No. 67-1990, copies attached as Exhibit
The actions associated with the establishment of a Land Conservation (Williamson Act)Contract
are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section
15317, Class 17).
Exhibits (3)
Exhibit"A" Copies of Board Order dated November 6, 1990 regarding "Hearing on Subdivision
7535"and East County Regional Planning Commission Resolution No. 67-1990.
Exhibit"B" Copy of Proposed Resolution 2008/138 RESCIND Land Conservation Contract No.13-77
as to the land commonly known as Assessor Parcel No. 001-041-055.
Exhibit."C" Copy of Proposed Resolution 2008/140 LAND CONSERVATION CONTRACT NO. 08-
0003, AGRICULTURAL PRESERVE NO. 13-77; ASSESSOR PARCEL NO. 001-041-
055, KEMP LAND COMPANY, A CALIFORNIA CORPORATION.
WAdvance Planning\Cisney\Williamson Act Program\Board Orders\08-0003kempland13-77(3).doc
3
A it
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TO;
BOARD of SUPERVISORS CONTRA COSTA .� . c�
t ^,.x
FRox: Harvey E. Bragdon = 1. 1 ��
Director. of Community Developmen50NOV 19 Pe : 12 COw t,'
DATE: October 22, 1990 COMM i t f
BVSJECT: Hearing on Subdivision 7535 (DeBolt it Engineering/Bruns
Properties, et. al) Project in the Byron/Mountain House Area.
SPECIFIC REQDEBT(S) OR RECONKEOWIOHS(6) i BACKGROUND AND JUSTIFICATION
RFsp2�{pAT?'OHS
1.. Accept environmental documentation as adequate. i
2. Adopt the findings of the East County Regional Planning Commission as
set forth in its Resolution 67-1990.
3. Approve Tentative Subdivision 7535 with findings and conditions as
recommended by the East County Regional Planning Commission as contained
in attached Exhibit A:
BACRGROM TREASONS FOR RECOwiENDATIONS
This application is seeking to divide 455 acres into 20 lots. The subject
property is located in the southeast corner of the County. It is also
subject to an Agricultural Preserve Contract that remains in full force and
effect.
Because most of the site consists of non-prime soils and the applicant is
seeking parcels smaller than 40 acres, the State Map Act requires the Board
of Supervisors make required findings prior to any approval. In this case,
all proposed lots are approximately 20 acres in site.
The East County Regional Planning Commission beard this project on October 8,
1990. The staff report to the Commission included an Income Analysis Report
(of alternative crops which might be grown on the proposed lots) submitted by
the applicant in support of the project.
After taking testimony, the Planning Commission voted 6-3 to rec n at
the Board make the required finding and approve the subdivisi
QONTIN= ON ATTACffi+�=: __ ZES sIGNA
RECOMMERDATION of COUNTY ADMIITEMMTOR itECOMMEHDATION BOARD
COl4SZTTEE
�! AFPROVE OTBER
SIGNATURE(9)
ACTION OF.BOARD ON 2voz*gmber---6- 1990 APPROVED As RECOMMENDED
OTHER %
This is the time heretofore noticed for hearing on the recommen-
dation, of the East County Regional Planning Commission on the appli-
cation filed by DeBolt Civil Engineering (applicant) and Bruns Prop-
erties, et al (owners) for vesting tentative map (Sub 7535) approval
to subdivide 455 acres into 2D lots. The proposal is seeking approval
to create lots smaller than 40 acres on property largely consisting of
non-prime soils, that is subject to an Agricultural Preserve Contract,
in the Byron Mountain House area.
• Mary Fieming, Community Development Department, presented the
staff report on the application before the Board for consideration
today, commenting,on the location of the site, the Planning Commission
recommendation and the sta=f recommendation to uphold the decision of�
the East County Regional Planning' commission.
Supervisor Torle-Y.son commented on concerns expressed in axle ter
dated November 6, 1990 from Fred K. Specht, Manager, Byron-Bethany
Irrigation District. /
1.
` EXHIBIT"A"
PAGE 1 OF 4
. � 1
Karl. Wandry, Community Development Department, suggested addi-
tional language to address the concerns expressed by Byron-Bethany
Irrigation District.
The following persons appeared to speak:
Eric Hasseltine, appearing on behalf of Bruns Associates, spoke
in favor of the proposal.
Lois Stornetta, P.O. Box 273, Byron, representing Byron-Bethany
Irrigation District, spoke on the District's requested additions to
the findings and conditions of approval language.
Supervisor Torlakson suggested additional language to avoid
impact on the Byron-Bethany facilities.
The public hearing .was closed.
Supervisor Torlakson moved to adopt the recommendations of staff
with additional language to avoid impact on the Byron-Bethany
Irrigation District.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 with
findings and conditions as amended (Exhibit A attached) are APPROVED.
i
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
% VNINIMOUB. (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAREN AND ENTERED ON THE
ABSENT: ABSTAIN:��- KXNUTES OF THE BOARD OF
SUPERVISORS ON THE DATE BROWN. ~
cc: Community Development (Orig.Dept)
DeBolt Civil Engineering ATTESTED november 6, 1990
Bruns Properties, et.al PHIL BATCHELOR, CLEM OF
County Counsel THE BOARD OF SUPERVISORS
Public Works-Tom Dudziak COUNTY RDlVZSTRATOR
Byron Fire Protection District
mscj7535.bos BY 0 , DEPUTY
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EXHIBIT "A"
PAGE? OF 4
I
i
ITESMI MN NO. 67-1990
RESOLTJI<ION OF THE FAST COUNTY REDIONAL MANNING CC DMSSION OF THE
00[im. OF CMM COSTA, SPATE OF CU FM IA REGARDING THE REVIEW OF
TEMMME SUBDIVISIOPI MAP APPLICATION 7535 IN THE M C}NIMYMMM HOUSE
AREA. .
WFMIMS, on May 30, 1990, an application •to divide 455 acres into 20
lots was filed with the Community bevelcpTent Department .by DeBolt
Civil E%gineering. (Applicant) , Bruns Properties (Owners) ; and
WHEREAS, a Negative Declaration was posted on September 14, 1990
following preparation of an initial envirmmental study; and
WHEMMS, - the subject property is subj eat to ' an existing
Agriculture Preserve contract (AP# 13-77) , and consists of soils that
largely qualify as non-prime soils; and.
WHEREAS, after notice was ' lawfully given, a public hearing was
conducted before the East County. Regional Planning Commission on
October 8, 1990, whereat all persons interested might appear and
be heard; and
WHEREAS, the Planning Commission having fully reviewed, considered and
evaluated all testimony and evidence on this matter.
NOW ARE BE IT RESOLVED that the Fast County Regional Planning
Commission MM that the subdivision as praposed will not result in
parcels that are too small to sustain an agricultural use; -and
BE IT FUMM RESOLVED that the Planning Commission res to the ,
Board of Supervisors APPROVAL of Subdivision 7535 subject to
conditions.
EXHIBIT"A"
PAGE 3 OF 4
RESCUUMM NO. 67-1990
The instr1]C cn by the East Q=ty Regional Plannirxg Commission to
I= pare this resolution on Subdivision 7535 was given by motion of the
East c=ty Regional Planning ommission on Monday, October 8, 1990 by
the following vote: _
AYES: Coomimissioners - Hern, Wetzel, .Castiglione, Catamaro,
Planchon and Maybee.
NOES: Damissioners - Ardrieu, Hanson and Nunn
ABSEwr: cm m;ssioners - None
ABSTAINS: Cmn sioners -.None
DIANE MAYBEE
Chair-of the.East County
Regional Planning commission,
County of Contra Costa
State of
i
AT'T'EST:
E.
of East County
Regional Planning Commission
County of Contra Costa
i msc/byrn7535.res(dw4) State of California
i
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EXHIBIT"A" .
PAGE 4 OF 4
oil jl�„
THE BOARD OF SUPERVISORS OF-THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday,March 18, 2008 by the following vote:
- =- ----- ---
AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN- NONE
RESOLUTION NO. 2008/138
SUBJECT: - RESCIND Existing Land Conservation Contract No. 13-77 )
as to the Land Commonly Known as Assessor's Parcel No. 001-041-055 )
The Board of Supervisors of Contra Costa County RESOLVES that:
On February 8, 1977,the Board of Supervisors adopted Resolution No. 77/130 establishing
Agricultural Preserve No. 13-77 and authorizing the Chairman of the Board to execute Land
Conservation Contract No. 13-7 with Leroy and Rhoda Simonich, covering 585.27 acres in the
Byron area including the 21.26 acres of land described in Exhibit "I", attached hereto, and
incorporated herein by this reference ("the Property"), commonly known as APN 0.01-041-055.
In March 2007, Kemp Land Company, a California Corporation, the current owner of the
Property filed an application with the Community Development Department requesting to rescind
that portion of Land Conservation Contract No. 13-77 affecting the Property and to enter into a new
Land Conservation Contract.
The Property is a designated remainder from a major subdivision approved by the County in
1990 that subdivided 455 acres of the original 585.27 acres into.20 new parcels(County File: Tract
SD#7535).
RESOLVED,pursuant to Section 51254 of the California Government Code,the Board of
Supervisors RESCINDS Land Conservation Contract No. 13-77 as to the Property,effective March
18, 2008..
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 `
ATTESTEDh1CLVh {6
JOHN CULLEN,CLERK OF TH BOARD OF SUPERVISORS
AND COUNTY ADMININISTRATO]k
BY
DEPUTY
EXHIBIT "B"
PAGE 1 OF -3
EXHIBIT "1"
PROPERTY DESCRIPTION
This exhibit is an attachment to the Resolution Rescinding the Land Conservation Contract as to
property 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 page, attached hereto and incorporated by reference
herein.
RESOLUTION NO. 2008/138
2
EXHIBIT "B"
PAGE 2 OF 3
SCHEDULE T
All that certain real property situated in the Unincorporated Area, County of Contra Costa, State of California,
described as follows:
Lot I of Subdivision 7535, filed March 26, 2003, in Map Book 452 at Page 26, Contra Costa County Records.
EXHIBIT`B"
PAGE 3 4F 3
Bid C'�
EX�I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 18, 2008 by the following vote:
AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER
NOES: NONE
i ABSENT: NONE
ABSTAIN:. NONE
RESOLUTION NO. 2008/140
SUBJECT: LAND CONSERVATION CONTRACT NO. 09-0003 )
AGRICULTURAL PRESERVE NO. 13-77; )
ASSESSOR PARCEL NO. 001-041-055 )
KEMP LAND COMPANY,A CALIFORNIA CORPORATION )
The Board of Supervisors of Contra Costa County RESOLVES that:
1. Parties. BY THIS CONTRACT, made and entered into ,
Kemp Land Company.a California Corporation,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. Pu ose. 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
RESOLUTION 2008/140
EXHIBIT "C"
Page I of 8
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 1.965 (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 69-763.
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 herein.
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
March, 2008, 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 March 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
RESOLUTION 2008/140
EXHIBIT "C"
Page 2 of 8
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'/2%)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.
12. Eminent Domain Proceedings.(a)In accordance with the provisions of 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 is to render the use of land or a
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 value will be paid than would have
been paid had there been no change of ratio.
RESOLUTION 2008/140
EXHIBIT "C"
Page 3 of 8
(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 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 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 Sectionl6.
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.
RESOLUTION 2008/140
EXHIBIT "C"
Page 4 of 8
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.
ATTES . LINTY OF CON TA
By:
Ch ' , Board of Supervisors
JOHN CULLEN, County Administrator
and Clerk of the Board of Supervisors
By: T
Oeputyy Clerk
OWNER
KempLand Company. a California Corporation
By:
Howard Kemp, President
By:
Beverly Kemp, Vice President
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. Marchesi, County Counsel
By:
Deputy County Counsel
NOTE: All signatures for Owner must be acknowledged.
RESOLUTION 2008/140
EXHIBIT "C"
Page 5 of 8
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 08-0003
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 1 page, attached hereto and incorporated by reference
herein.
RESOLUTION 2008/140
EXHIBIT "C"
Page 6 of 8
SCHEDULE I
All that certain real property situated in the Unincorporated Area, County of Contra Costa, State of Caluornia,
described as follows:
Lot 1 of Subdivision 7635,filed March 26, 2003, in Map Book 452 at Page 26, Contra Costa County Records,.
EXHIBIT "C"
Page 7 of 8
LAND CONSERVATION CONTRACT NO. 08-0003
AGRICULTURAL PRESERVE NO. 13-77
ASSESSOR PARCEL NO.,001-041-055
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 84-42.1402.404 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
Detached single-family dwelling, residential second unit, barn, and shed.
4. Existing Land Use
Grazing and cultivated crops:
5. Proposed Land Use
Grazing and cultivated crops.
RESOLUTION 2008/140
EXHIBIT "C"
Page 8 of 8