HomeMy WebLinkAboutRESOLUTIONS - 06032003 - 70-71 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Amending
Standard Form of Agri-
cultural Preserve Contract. RESOLUTION NUMBER 70/71
WHEREAS the Board having been advised that the standard
form of the Agricultural Preserve Contract which it adopted by
Resolution Number 69/763 on November 18 , 1969 contains provisions
which may be construed as less restrictive than those required by
the Land Conservation Act of 1965, as amended; and
WHEREAS the Board having received recommendations of
the Contra Costa County Land Conservation Committee concerning a
proposed amendment to said standard form of contract which deletes
said provisions ;
NOW, THEREFORE , BE IT RESOLVED that the amendment, a
copy of which is designated as Exhibit "A" , attached hereto and
incorporated herein by reference , is approved for submission to
those property owners who have executed land conservation con-
tracts which become effective February 28 , 1970.
PASSED and ADOPTED this 10th day of February , 1910 by
the following vote :
AYES : Supervisors J . P. Kenny , A . M. Dias ,
J . E. Moriarty, E. A . Linscheid ,
T. J . Coll .
NOES : None.
ABSENT: None .
RESOLUTION NUMBER 70/71
No. _RZ
AMENDMENT TO LAND CONSERVATION CONTRACT
BY THIS AMENDMENT, made and entered into the day of February,
1970) hereinafter referred to
as "OWNER" and the County of Contra Costa, hereinafter referred to as
11COMy1f, do mutually agree as follows:
1. The Land Conservation Contract between OWNER and COUNTY, entered
into on the day of FEBRUARY, 1970, is hereby ,amended as follows:
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a. 'The following provision of Section 10 of the Contract,
entitled "Cancellation", appearing on page 4, is hereby deleted and shall
be of no force and effect.-
"If the Contract has been subject to a previous notice of
non-renewal,- the amount shall be determined by multiplying
the amount of deferred taxes computed above by the ratio
that the number of years remaining in the term of the
Contract bears to''ten (10) years."
b. The provisions of Section 12 of the Contract,*entitled
"Eminent Domain Proceedings", are hereby amended to read:
"12. Eminent Domain Proceedings. 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 a public agency for a public improvement, the
provisions of this Contract by which Owner agrees to restrict
the use of land described herein shall be null and void as to
the land so condemned or acquired.
"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 agree-
meat of the parties herein, be reinstituted and the terms of
this Contract shall be in full force and .effect."
2. It is the intention 'ofthe parties, by this amendment, to insure
that the Contract, as amended, 'qualifies as an "enforceable restriction"" as
70 /71
t
defined in Section 422 of the Revenue and Taxation Carte by deletion of
terms which Gould be construed as less restrictive than those required
by the Land Conservation Act as amended by Chapter 1372, 1969 Statutes:
COUiJTY OF CON''TRA COSTA
By
ATTEST Chairman, Board of Supervisors
Clerk of the Board Owner
We, the undersigned trust deed or other encumbrance holders, do hereby
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agree to and agree to be bound by the above-imposed restrictions.
Approved as to form:
John B. Clausen, County Counsel
By: _
Deputy
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