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HomeMy WebLinkAboutMINUTES - 04152008 - C.78 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP44- Costa COMMUNITY DEVELOPMENT DIRECTORCOUnty coon DATE: APRIL 15, 2008 SUBJECT: RESCIND EXISTING LAND CONSERVATION CONTRACT NO.4-85 AS TO ASSESSOR PARCEL NO. (APN) 015-190-003, 015-210-016, and 015-210-017 AND APPROVE NEW LAND CONSERVATION CONTRACT NOS. 08-0003, 08-0004, AND 08-0005 FOR SAID PROPERTY WITH RONALD NUNN FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP,ORWOOD TRACT AREA.(COUNTY FILE AP#07-00003)(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. FIND that a Lot Line Adjustment (County File: LL#06-0041) approved by the Community Development Department on April 4, 2007, affecting parcels commonly known as APN 015- 190-003, 015-210-016, and 015-510-017, meets the seven required findings under Government Code § 51257 for a lot line adjustment involving lands under Williamson Act contract. CONTINUED ON ATTACHMENT: X YES SIGNATURE f�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE " APPROVE OTHER SIGNATURE(S): q2,�' ACTION OF BO O �JAPPROVED AS RECOMMENDED OTHER_ VQTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND �/ UNANIMOUS (ABSENTS 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: Patrick Roche,CDD-AP(925)335-1242 ATTESTED cc: Community Development Dept. JOHN CULLE , CLERK OF THE BOARD OF CAO SUPERVISORS AND COUNTY ADMININISTRATOR County Counsel County Assessor(via CDD) CA Dept.of Conservation(via CDD) (/�r(d/L DEPUTY Ronald Nunn Family Limited Partnership(via CDD) B April 15, 2008 Board of Supervisors County File: AP 07-00003, New Land Conservation Contract Nos. 08-0003,08-0004, and 08-0005 RECOMMENDATIIONS - continued 3. ADOPT Resolution No. 2008/221 rescinding the existing Land Conservation Contract No.4- 85 as to Assessor Parcel No. 015-190-003. 4. ADOPT Resolution No. 2008/222 rescinding the existing Land Conservation Contract No.4- 85 as to Assessor Parcel No. 015-210-016. 5. ADOPT Resolution No. 2008/223 rescinding the existing Land Conservation Contract No.4- 85 as to Assessor Parcel No. 015-210-017. 6. ADOPT Resolution No. 2008/224 approving Land Conservation Contract No. 08-0003,for the parcel commonly identified as APN 015-190-003 with Ronald Nunn Family Limited Partnership, a California Limited Partnership. 7. ADOPT Resolution No. 2008/225 approving Land Conservation Contract No. 08-0004 for the parcel commonly identified as APN 015-210-016 with Ronald Nunn Family Limited Partnership, a California Limited Partnership. 8. ADOPT Resolution No. 2008/226 approving Land Conservation Contract No. 08-0005 for the parcel commonly identified as APN 015-210-017 with Ronald Nunn Family Limited Partnership, a California Limited Partnership. 9. AUTHORIZE the Chair to execute Land Conservation Contract Nos.08-0003, 08-0004,and 08-0005. 10. 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. 11. DIRECT the Community Development Department to file a Notice of Exemption under CEQA with the County Clerk. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS 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. 2 I r April 15, 2008 Board of Supervisors County File:AP 07-00003, New Land Conservation Contract Nos. 08-0003, 08-0004, and 08-0005 BACKGROUND/REASONS FOR RECOMMENDATIONS - continued Ronald Nunn Family Limited Partnership, a California limited partnership ("Owner") own the properties described under Land Conservation Contract No. 4-85. Owner has applied to place the properties into new Land Conservation Contracts. Land Conservation Contract No. 4-85, covering four parcels on approximately 1,114 acres of land on Orwood Tract,was entered on December 11, 1984 by Board Resolution No.84/760 between the County and Steven J. and Edward A. Arnaudo. New Owner of this property intends to continue agricultural uses on the property, but they want separate contracts for each parcel. The parcels will continue with the same existing use as land cultivated for row crops which is consistent with the allowed uses pursuant to the Williamson Act and the County Code. The property is located in Agricultural Preserve No. 4-85, also established on December 11, 1984 by Board Resolution No. 84/760. The subject parcels, commonly known as Assessor Parcel Nos. 015-190-003, 015-210-016, and 015-510-017 were approved fora lot line adjustment(County File: LL#06-00041)by the Community Development Department on April 4, 2007. The Williamson Act provides a voluntary process to facilitate lot line adjustments when land is enrolled in a Williamson Act contract. Pursuant to Government Code § 51257, the seven required findings to support the lot line adjustment for the subject parcels are described below: • 51257(a 0): "The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. „ Finding: The three (3) new contracts will restrict the adjusted boundaries for at least ten years. (Source: County File. LL#06-0041) • 51257(a)(2): "There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts." Finding: There has been no net decrease in the amount of restricted acreage as a result of the lot line adjustment. (Source: County File: LL#06-0041). • U1 257(a)(3):"At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts." Finding: X411 (100%) of the original contract's acreage will remain in the 3 new contracts. (Source: County File: LL#06-0041) • 51257 ate: "After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222." 3 I t April 15,2008 Board of Supervisors County File:AP 07-00003, New Land Conservation Contract Nos.08-0003,08-0004, and 08-0005 BACKGROUND/REASONS FOR RECOMMENDATIONS - continued Finding: Two of the parcels exceeded the criteria for non-prime agricultural land and the third parcel has been determined to meet the criteria for prime agricultural land pursuant to Government Code § 51222. Therefore all of the parcels created by the lot line adjustment are large enough to sustain agricultural use. (Source: County File: LL#06-0041) • §51257(a)(5): "The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts." Finding: The new lot line configurations do not impact the long term agricultural productivity or capacity of the land, as the land continues in agricultural use except that the lot lines have changed. (Source: County File: LL#06-0041 and Community Development Department Geographic Information System Mapping Program) • �51257(a)(6): "The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use." Finding: No adjacent lands were included in this lot line adjustment. The lot line adjustment only included the original land under contract. (Source: County File: LL#06-0041) • §51257(a)(7): "The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan." Finding: The lot line adjustment did not result in a greater number of developable parcels, as it reduced the total number of lots from four(4) to three (3). The three lots created by the lot line adjustment retain the General Plan designation for this area, Delta Recreation and Resources (DR). The DR designation includes, as a primary use, agricultural production and processing activities, and therefore, the lot line adjustment is consistent with the General Plan. (Source: County File: LL#06-0041 and Contra Costa County General Plan, 2005- 2020) Government Code § 51222 declares that it is in the public interest for local officials and landowners to retain agricultural lands which are subject to contracts, entered pursuant to the Williamson Act, in parcels large enough to sustain agricultural uses permitted under the contract. Non-prime agricultural lands at least 40 acres are presumed large enough to sustain agricultural uses. Parcel 015-190-003 is about 247 acres and Parcel 015-210-016 is about 837 acres and, therefore, they exceed this presumption. However, Parcel 015-210-017, is 30 acres and does not meet the presumptive size requirement for non-prime land. However, prime agricultural lands at least 10 acres in size are presumed to be large enough to sustain agricultural use pursuant to the code. In a Declaration, dated February 26, 2008, and attached herein as Exhibit "A" Ronald Nunn, the authorized agent for the properties, has declared that this parcel meets the requirement of Government Code § 51201(c) (5) for prime land thereby satisfying this presumption as to prime land. 4 April 15, 2008 Board of Supervisors County File: AP 07-00003, New Land Conservation Contract Nos.08-0003, 08-0004, and 08-0005 BACKGROUND/REASONS FOR RECOMMENDATIONS - continued The property will continue in Agricultural Preserve No. 4-85. The Williamson Act states that an Agricultural Preserves shall consist of no less than 100 acres (Government Code § 51230). With approximately 1,1!114 acres, Agricultural Preserve No. 4-85 exceeds this threshold. With the rescission of the original contract and the adoption of the new contracts the amount of acreage within the preserve will remain the same. The actions associated with the establishment of a Land Conservation Contract described above are categorically exempt from the California Environmental Quality Act(CEQA Regs,Section 15317, Class 17). Attachments (7) Exhibit"A" Declaration from Ronald Nunn, dated February 26, 2008, to support requirement of Government Code Section 51201(c)(5)for prime agricultural land Exhibit"B" Board Resolution No. 2008/221 rescinding Land Conservation Contract No.4-85 as to APN 0115-190-003. Exhibit"C" Board Resolution No. 2008/222 rescinding Land Conservation Contract No.4-85 as to APN 015-210-016. Exhibit"D" Board Resolution No. 2008/223 rescinding Land Conservation Contract No.4-85 as to APN 015-210-017. Exhibit"E" Board Resolution No.2008/224 approving new Land Conservation Contract No.08-0003 with Ronald Nunn Family Limited Partnership, a California Limited Partnership,for APN 015-190- 003. Exhibit"F" Board Resolution No. 2008/225 approving new Land Conservation Contract No.08-0004 with Ronald Nunn Family Limited Partnership,a California Limited Partnership,for APN 015-210- 016. Exhibit"G" Board Resolution No. 2008/226 approving new Land Conservation Contract No's 08-0005 with Ronald Nunn Family Limited Partnership, a California Limited Partnership,for APN 015- 210-017. GAAdvance Planning\Cisney\Williamson Act Program\Board Orders\08-0004,5,6 nunn4-85(4).doc 5 Exhibit "A" Declaration from Ronald Nunn, dated February 26, 2008, to support requirement of Government Code Section 51201 (c)(5) for prime agricultural land DECLARATION OF RONALD NUNN PARTNER,RONALD NUNN FAMILY LIMITED PARTNERSHIP RONALD NUNN hereby declares: 1. I am an authorized agent, and general partner of Ronald Nunn Limited Partnership, a California limited partnership, owner of the parcel now commonly known as APN 015- 210-017 (Parcel). The Parcel is about 30 acres in size. 2. I am familiar with the agricultural activities on, and income from, agricultural activities on the Parcel over the previous five years. The Parcel has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars($200) per acre for at least three of the previous five years. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on - , 2008 atZs` California. Ronal Nunn Exhibit "B" Board Resolution No. 2008/221 rescinding Land Conservation Contract No-4-85 as to APN 015-190-003. THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adoated this Order on Tuesday,April 15,2008 by the following vote: AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/221 SUBJECT: RESCIND existing Land Conservation Contract No. 4-85 ) as to land commonly known as Assessor Parcel No. ) 015-190-003 ) The Board of Supervisors of Contra Costa County RESOLVES that: On December 11, 1984, the Board of Supervisors adopted Resolution No. 84/760 establishing Agricultural Preserve No. 4-85 and authorizing the Chairman of the Board to execute Land Conservation Contract No. 4-85 with Arnaudo Bros. Inc. in the Brentwood area. In August of 2006,Ronald Nunn Family Limited Partnership,a California limited partnership,owner of the land described in Exhibit"1",attached hereto and incorporated herein by this reference,and commonly referred to as APN 015-190-003 (the Property) filed an application with the Community Development Department requesting to rescind Land Conservation Contract No. 4-85 as to the Property, and to simultaneously enter into new Land Conservation Contracts for the Property. The subject parcel,commonly known as Assessor Parcel Nos. 015-190-003 was configured by a lot line adjustment(County File: LL#06-00041). RESOLVED,pursuant to Section 51254 of the California Government Code,the Board of Supervisors RESCINDS Land Conservation Contract No. 4-85 as to the Property, effective April 15,2008. 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 ATTESTED JOHN CULL N, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMININISTRATOR .. BY DEPUTY 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/221 2 SCHEDULE 1 AM 015-190-003 Portion of Section 13, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, a portion of Section 18, Township 1 North, Range 4 East, Mount Diablo Base and Meridian, described as follows: Commencing at a point 200 feet South of the corner common to Sections 10, 11, 14, and 15, Township 1 North, Range 3 East, Mount Diablo Base and Meridian and-running thence parallel to and 200 feet South of the center line of Atchison, Topeka and Santa Fe Railway, North 89006' East, 10,875 feet to the intersection of the j center line of a drainace canal running Southerly, and the point of beginning of the tract of land herein described; thence from said point of beginning along the center line of said drainage canal, South 0158' East 1973 feet, more or less, to a junction with the center line of the East branch of Indian Slough; thence Southwesterly along the center line of said East branch of Indian Slough, 1937 feet, more or less, to the intersection with the center line of the main east and west drainage canal; thence west along the center line of said drainage canal to its intersection with the center line of the West branch of Indian Slough; thence Northwesterly along the center line of said West branch of Indian Slough, 2700 feet, more or less, to its junction with the drainage canal running Northerly; thence along the center line of said drainage canal, North 3°05'West, 1370 feet, more or less; thence North 5146' East, 492, more or less, to a point 200 feet South of the center line of the Atchison, Topeka and.Santa Fe Railway; thence North 89006' East, 3700 feet, more or less, to the point of beginning. Exhibit "C" Board Resolution No. 2008/222 rescinding Land Conservation Contract No.4-85 as to APN 015-210-016. THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday,April 15,2008 by the following vote: AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/222 SUBJECT: RESCIND existing Land Conservation Contract No. 4-85 ) as to land commonly known as Assessor Parcel No. ) 015-210-016 ) The Board of Supervisors of Contra Costa County RESOLVES that: On December 11, 1984, the Board of Supervisors adopted Resolution No. 84/760 establishing Agricultural Preserve No. 4-85 and authorizing the Chairman of the Board to execute Land Conservation Contract No. 4-85 with Arnaudo Bros. Inc. in the Brentwood area. In August of 2006,Ronald Nunn Family Limited Partnership,a California limited partnership,owner of the land described in Exhibit"1",attached hereto and incorporated herein by this reference,and commonly referred to as APN 015-210-016 (the Property) filed an application with the Community Development Department requesting to rescind Land Conservation Contract No. 4-85 as to the Property, and to simultaneously enter into new Land Conservation Contracts for the Property. The subject parcel, commonly known as Assessor Parcel Nos. 015-210-016 was configured by a lot line adjustment(County File LL06-00041). RESOLVED,pursuant to Section 51254 ofthe California Government Code,the Board of Supervisors RESCINDS Land Conservation Contract No. 4-85 as to the Property,effective April 15,2008. 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 ATTESTED ls, JWg JOHN C N, CLEAK OF THE BOARD OF SUPERVISORS AND COUNTY ADMININISTRATOR BY DEPUTY 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/222 2 SCHEDULE 1 APN: 015-•210-016 Being all of Parcel Two, as said Parcel Two described in that certain Grant Deed to Ronald Nunn Family Limited Partnership, a California Limited Partnership, by Deed recorded September 28, 2005, in Instrument No. 2005- 369725 of Official Records, in the office of the County Recorder of Contra Costa County. Together therewith the following described parcel of land: Being all of Parcels Five and Six, as said Parcels Five and Six are described in said Grant Deed. Excepting therefrom the following described parcel of land. Commencing at the Northwestern comer of said Parcel Six, said corner also being the Northwestern corner of that certain parcel of land designated as"638.077 acres" Parcel as shown and so designated on that certain Record of Survey, Recorder December 18, 1947, in Book 12 of Licensed Surveyor Maps at Page 23, in said office of the County Recorder of Contra Costa County; Thence, from said point of commencement, along the Western line of said Parcel Six, South 001 00' 20" West 2,344.02 feet to the point of beginning for this description; Thence from said point of commencement, leaving said Western line, South 890 59'40" East 750.00 feet; Thence, South 000 00' 20"West 1769.35 feet to a point on the Southern line of said Parcel Six; Thence, along said Southern and Western lines of Parcel Six, the following four (4) courses: 1) South 88° 45' 00"West 383.58 feet, 2) North 811 50' 00"West 122.00 feet, 3) North 570 00' 00"West 293.00 feet, and 4) North 000 00' 20" East 1,600.88 feet to said point of beginning. ' Exhibit "D" Board Resolution No. 2008/223 rescinding Land Conservation Contract No.4-85 as to APN 015-210-017. THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday,April 15,2008 by the following vote: AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/223 SUBJECT: RESCIND existing Land Conservation Contract No. 4-85 ) as to land commonly known as Assessor Parcel No. ) 015-210-017 ) The Board of Supervisors of Contra Costa County RESOLVES that: On December 11, 1984, the Board of Supervisors adopted Resolution No. 84/760 establishing Agricultural Preserve No. 4-85 and authorizing the Chairman of the Board to execute Land Conservation Contract No. 4-85 with Arnaudo Bros. Inc. in the Brentwood area. In August of 2006,Ronald Nunn Family Limited Partnership,a California limited partnership,owner of the land described in Exhibit"1",attached hereto and incorporated herein by this reference,and commonly referred to as APN 015-210-017 (the Property) filed an application with the Community Development Department requesting to rescind Land Conservation Contract No. 4-85 as to the Property, and to simultaneously enter into new Land Conservation Contracts for the Property. The subject parcel,commonly known as Assessor Parcel Nos. 015-210-017 was configured by a lot line adjustment(County File LL06-00041). RESOLVED,pursuant to Section 51254 of the California Government Code,the Board of Supervisors RESCINDS Land Conservation Contract No. 4-85 as to the Property,effective April 15,2008. 1 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 JOHN CULLE , CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMININISTRATOR BYgd4a .� DEPUTY 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/223 2 SCHEDULE 1 APN: 015-210-017 I PARCEL ONE: i Being a portion of Parcel Six, as said Parcel Six is described in that certain Grant Deed to Ronald Nunn Family Limited Partnership, a California Limited Partnership, by Deed recorded September 28, 2005, in Instrument No. 2005-369725 of Official Records in the office of the County Recorder of Contra Costa County, more particularly described as follows: Commencing at the Northwestern comer of said Parcel Six, said comer also being the Northwestern comer of that certain parcel of land designated as`638.077 Acres" parcel as shown and so designated on that certain Record of Survey, recorded December 18, 1947, in Book 12 of Licensed Surveyor Maps at Page 23, in said office of the County Recorder of Contra Costa County. Thence, from said point of commencement, along the Western line of said Parcel Six, South 001 00' 20"West 2,344.02 feet to the point of beginning for this description; Thence, from said point of commencement, leaving said Western line, South 890 59' 40" East 750.00 feet; Thence , South 001 00' 20"West 1,769.35 feet to a point on the Southern line of said Parcel Six; Thence, along said Southern and Western lines of Parcel Six, the following four (4) courses: 1) South 88° 45' 00"West 383.58 feet, 2) North 810 50' 00"West 122.00 feet, 3) North 571 00' 00"West 293.00 feet, and 4) North 000 00' 20" East 1,600.88 feet to said point of beginning. Exhibit "E" Board Resolution No. 2008/224 approving new Land Conservation Contract No. 08-0003 with Ronald Nunn Family Limited Partnership, a California Limited Partnership, for APN 015-190- 003. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 15,2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/224 SUBJECT: LAND CONSERVATION CONTRACT NO. 08-0003 ) AGRICULTURAL PRESERVE NO. 4-85 ) ASSESSOR'S PARCEL NO. 015-190-003 ) The Board of Supervisors of Contra Costa County RESOLVES that: 1. Parties. BY THIS CONTRACT,made and entered into April 15,2008, Ronald Nunn Family Limited Partnership,a California limited partnership,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 B, 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 RESOLUTION 2008/224 1 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 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 April, 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 April 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 RESOLUTION 2008/224 2 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 V2%)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 RESOLUTION 2008/224 3 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 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 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. 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 2008/224 4 f 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. C OF CONT A By. air, Board of Supervisors l� ATTEST: JOHN CULLEN, County Administrator and Clerk of the Board of Supervisors By: Deputy Clerk OWNER Ronald Nunn Family Limited Partnership, a California limite ers i By: / Ronald Nu4m, PartWer We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above-imposed restrictions. one Approved as to Form: Silvano B. Marchesi, County Counsel By: /V 0 k 4�� Deputy County Counsel NOTE: All signatures for Owner must be acknowledged. RESOLUTION 2008/224 5 r , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C" &_Izh? LD1 7A ) On �lJ,�°/ `� a�0� before me, ll# Here lnsertAame and Title of i ie Officer personally appeared ' AGD L&/L) Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/she/tkey executed the same in his/her/their authorized capacity(ies), and that by hislwr/their signatureO on the instrument the person(,g), or the rr entity upon behalf of which the persono acted, executed the instrument. Com -0 IoA• 1713101 I certify under PENALTY OF PERJURY under the laws of the State of Nowt'~m -Comic Ion California that the foregoing paragraph is true and correct. Co" C000 LOA* Oawl►OpMJon27.�11 WITNESS my hand and seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document / Title or Type of Document: L/9/PJ© t�/�,f/-t ele, %/D!y L D.p/7j��/(/b Document Date: A,-1 TL Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: /�/�/A � /yU�/y Signer's Name: individual F-1 Individual Corporate Officer--Title: F� Corporate Officer—Title: Partnership Limited General Partnership E Limited General Right Thumb Print Right Thumb Print Attorney in Fact of Signer Attorney in Fact of Signer Top of Thumb here Top of Thumb EGuardian or Conservator Guardian or Conservator F] Other: Other: Signer Is Representing:_ F] Signer Is Representing:- 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/224 6 SCHEDULE 1 APN: 015-190-003 Portion of Section 13, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, a portion of Section 18, Township 1 North, Range 4 East, Mount Diablo Base and Meridian, described as follows: Commencing at a point 200 feet South of the corner common to Sections 10, 11, 14, and 15, Township 1 North, Range 3 East, Mount Diablo Base and Meridian and running thence parallel to and 200 feet South of the center line of Atchison, Topeka and Santa Fe Railway, North 89006' East, 10,875 feet to the intersection of the center line of a drainage canal running Southerly, and the point of beginning of the tract of land herein described; thence from said point of beginning along the center line of said drainage canal, South 0058' East 1973 feet, more or less, to a junction with the center line of the East branch of Indian Slough; thence Southwesterly along the center line of said East branch of Indian Slough, 1937 feet, more or less, to the intersection with the center line of the main east and west drainage canal; thence west along the center line of said drainage canal to its intersection with the center line of the West branch of Indian Slough; thence Northwesterly along the center line of said West branch of Indian Slough, 2700 feet, more or less, to its junction with the drainage canal running Northerly; thence along the center line of said drainage canal, North 3°05'West, 1370 feet, more or less; thence North 5046' East, 492, more or less, to a point 200 feet South of the center line of the Atchison, Topeka and Santa Fe Railway; thence North 89106' East, 3700 feet, more or less, to the point of beginning. LAND CONSERVATION CONTRACT NO. 08-0003 AGRICULTURAL PRESERVE NO. 4-85 ASSESSOR'S PARCEL NO. 015-190-003 EX 031T 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-conformina 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 None 4. Existing Land Use Row crops. 5. Proposed Land Use Row crops, orchards, and other agricultural products cultivated on the land. RESOLUTION 2008/224 7 Exhibit "F" Board Resolution No. 2008/225 approving new Land Conservation Contract No. 08-0004 with Ronald Nunn Family Limited Partnership, a California Limited Partnership, for APN 015-210- 016. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 15,2008 by the following vote: AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/225 SUBJECT: LAND CONSERVATION CONTRACT NO. 08-0004 ) AGRICULTURAL PRESERVE NO. 4-85 ) ASSESSOR'S PARCEL NO. 015-210-016 ) The Board of Supervisors of Contra Costa County RESOLVES that: 1. Parties. BY THIS CONTRACT,made and entered into April 15,2008, Ronald Nunn Family Limited Partnership,a California limited partnership,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 B, 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 RESOLUTION 2008/225 1 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 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 April, 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 April of each succeeding year during the term hereof,unless notice of non-renewal is given in the manner provided by section 51245 ofthe 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 RESOLUTION 2008/225 2 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 V2%)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 RESOLUTION 2008/225 3 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 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 2008/225 4 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. C OF CON RA By. C air, Board of Supervisors ATTEST: JOHN CULLEN, County Administrator and Clerk of the Board of Supervisors OL Deputy Clerk OWNER _ Ronald Nunn Family Limited Partnership, a California limited artnirshi By: Ronald Nunn, Partner We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above-imposed restrictions. one Approved as to Form: Silvano B. Marchesi, County C unsel By: Deputy County Counsel NOTE: All signatures for Owner must be acknowledged. RESOLUTION 2008/225 5 CALfFOINIA ALL-PUPWOSE ACKNOWLEDGME,NT State of California ) ryr�A r e ) County of A -!�/v ) On ���/ 7 -2-6) before me, �/�/`��/� /��d'�� OBl-ie- ate � ) Here Insert Dame and Title oft Officer personally appeared Names of who proved to me on the basis of satisfactory evidence to be the personv whose name(a'f is/arm subscribed to the within instrument and acknowledged to me that he/slie/tlaoy executed the same in his[hergheir-authorized capacity(ies), and that by his/her'/thck signatureo on the instrument the person(F), or the entity upon behalf of which the person'Aacted,executed the instrument. J. CAMAM GMMMIMe• 1710101 1 certify under PENALTY OF PERJURY under the laws of the State of Iftw7 AIbNe -CaN10rNo California that the foregoing paragraph is true and correct. Cw" CM* County wOdw1��MIsb�27,0011 WITNESS my hand, seal. Signature Signature of Notary Public Place Notary Sea].Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document �� p Ll/ Title or Type of Document: [ /�/!� �l'/l/l r//9 714 1 f1 Jr/� L� P,,l ZI `06) `T Document Date:) Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s), Signer's Name:' D/Z/fi L� �(/�'/y yZ' Signer's Name: Individual ❑ Individual Corporate Officer---Title: F-1 Corporate Officer—Title: Partnership FALimited F—] General Partnership E] Limited General Right Thumb Print Right Thumb Print Attorney in Fact of Signer Attorney in Fact of Signer Top of Thumb here Top of Thumb 7 Guardian or Conservator F—] Guardian or Conservator Other: F] Other: ESigner Is Representing:_ Signer Is epresen mg: CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 08-0004 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/225 6 SCHEDULE 1 APN: 015-210-016 Being all of Parcel Two, as said Parcel Two described in that certain Grant Deed to Ronald Nunn Family Limited Partnership, a California Limited Partnership, by Deed recorded September 28, 2005, in Instrument No. 2005- 369725 of Official Records, in the office of the County Recorder of Contra Costa County. Together therewith the following described parcel of land: Being all of Parcels Five and Six, as said Parcels Five and Six are described in said Grant Deed. Excepting therefrom the following described parcel of land. Commencing at the Northwestern corner of said Parcel Six, said corner also being the Northwestern corner of that certain parcel of land designated as"638.077 acres" Parcel as shown and so designated on that certain Record of Survey, Recorder December 18, 1947, in Book 12 of Licensed Surveyor Maps at Page 23, in said office of the County Recorder of Contra Costa County; Thence, from said point of commencement, along the Western line of said Parcel Six, South 000 00' 20"West 2,344.02 feet to the point of beginning for this description; i Thence from said point of commencement, leaving said Western line, South 890 59'40" East 750.00 feet; i Thence, South 000 00' 20"West 1769.35 feet to a point on the Southern line of said Parcel Six; i Thence, along said Southern and Western lines of Parcel Six, the following four (4) courses: 1) South 88° 45' 00"West 383.58 feet, 2) North 810 50" 00"West 122.00 feet, 3) North 57° 00" 00"West 293.00 feet, and 4) North 000 00" 20" East 1,600.88 feet to said point of beginning. 1 LAND CONSERVATION CONTRACT NO. 08-0004 AGRICULTURAL PRESERVE NO. 4-85 ASSESSOR'S PARCEL NO. 015-210-016 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 8442 of the County Ordinance Code. I. 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 None 4. Existing Land Use Row crops. 5. Proposed Land Use Row crops, orchards, and other agricultural products cultivated on the land. RESOLUTION 2008/225 7 Exhibit "G" Board Resolution No. 2008/226 approving new Land Conservation Contract No's 08-0005 with Ronald Nunn Family Limited Partnership, a California Limited Partnership, for APN 015-210-017. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 15,2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO, BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/226 SUBJECT: LAND CONSERVATION CONTRACT NO. 08-0005 ) AGRICULTURAL PRESERVE NO. 4-85 ) ASSESSOR'S PARCEL NO. 015-210-017 ) The Board of Supervisors of Contra Costa County RESOLVES that: 1. Parties. BY THIS CONTRACT,made and entered into April 15,2008,Ronald Nunn Family Limited Partnership,a California limited partnership,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 B, 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 RESOLUTION 2008/226 1 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 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 April, 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 April 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 RESOLUTION 2008/226 2 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'/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 RESOLUTION 2008/226 3 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 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 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. 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 2008/226 4 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. COUNTY OF CONTRA kV&TA By: C ir, Board of Supervisors ATTEST: C LSA G JOHN CULLEN, County Administrator and Clerkt of the Board of Supervisors By: ��Asb�_ Deputy Clerk OWNER Ronald Nunn Family Limited Partnership, a California lim' artn shi By: Ronald Nunn, Partner We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above-imposed restrictions. one Approved as to Form: Silvano B. Marchesi, Coun Co el By: , Deputy dounty Counsel NOTE: All signatures for Owner must be acknowledged. RESOLUTION 2008/226 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of A,DA/-red On 1 CIL 4�J 6' _ before me, -7 ll Here InsertAame and Title of e Officer personally appeared -- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person('0 whose name(jr) is/ar-e-subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/ker/tler authorized capacity(aa&4, and that by his/ltef/tl& signatureO on the instrument the person(s). or the entity upon behalf of which the person( acted,executed the instrument. -J.- CAMADAL CM R1000n• 1913101 1 certify under PENALTY OF PERJURY under the laws of the State of "a"M MM -Cowan" California that the foregoing paragraph is true and correct. Or1w����Jsn29,901� �ow—M- 0 WITNESS my Wand seal. Signature Signature of Notary Public Place Notar),Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: L-!9" �/l��ti° %/D7U�Q/f�T/�/�C� t)a 40p -000J Document Date: /Y o ed 7-6 Number of Pages: (� Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) ) Signer's Name: /PD/I/�L Jl)��yn� Signer's Name: Individual Individual Corporate Officer---Title: Corporate Officer—Title: 7 Partnership ® Limited General Partnership [] Limited General Right Thumb Print Right Thumb Print Attorney in Fact of Signer Attorney in Fact of Signer Top of Thumb here Top of Thumb ElGuardian or Conservator Guardian or Conservator Other: Other: Signer Is Representing:_ Signers epresen mg:-- CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. 08-0005 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 pages, attached hereto and incorporated by reference herein. RESOLUTION 2008/226 6 SCHEDULE 1 APN: 015-210-017 PARCEL ONE: Being a portion of Parcel Six, as said Parcel Six is described in that certain Grant Deed to Ronald Nunn Family Limited Partnership, a California Limited Partnership, by Deed recorded September 28, 2005, in Instrument No. 2005-369725 of Official Records in the office of the County Recorder of Contra Costa County, more particularly described as follows: Commencing at the Northwestern corner of said Parcel Six, said corner also being the Northwestern corner of that certain parcel of land designated as "638.077 Acres" parcel as shown and so designated on that certain Record of Survey, recorded December 18, 1947, in Book 12 of Licensed Surveyor Maps at Page 23, in said office of the County Recorder of Contra Costa County. Thence, from said point of commencement, along the Western line of said Parcel Six, South 000 00' 20"West 2,344.02 feet to the point of beginning for this description; Thence, from said point of commencement, leaving said Western line, South 891 59'40" East 750.00 feet; Thence , South 001 00' 20"West 1,769.35 feet to a point on the Southern line of said Parcel Six; Thence, along said Southern and Western lines of Parcel Six, the following four (4) courses: 1) South 88° 45' 00"West 383.58 feet, 2) North 811 50' 00"West 122.00 feet, 3) North 570 00" 00"West 293.00 feet, and 4) North 000 00" 20" East 1,600.88 feet to said point of beginning. LAND CONSERVATION CONTRACT NO. 08-0005 AGRICULTURAL PRESERVE NO. 4-85 ASSESSOR'S PARCEL NO. 015-210-017 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 8442.1402.404 of Chapter 84-42 of the County Ordinance Code. 1. Existing Nan-conforminp, 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 None 4. Existing Land Use Row crops. 5. Proposed and Use Row crops, orchards, and other agricultural products cultivated on the land. RESOLUTION 2008/226 7