HomeMy WebLinkAboutRESOLUTIONS - 05162006 - C.39 31 TO: BOARD OF SUPERVISORS
fi Contra
FROM: DENNIS M. BARRY AICP y `' Costa
COMMUNITY DEVELOPMENT DIRECTOR �� :_ ::.J County
' COUNT
DATE: MAY 16, 2006
SUBJECT: ADOPT RESOLUTION NO. 2006/272 GIVING FINAL APPROVAL TO THE
WILLIAMSON ACT CONTRACT RESCISSION AGREEMENT BETWEEN CONTRA
COSTA COUNTY AND DAVI DON HOMES RELATING TO LAND CONSERVATION
CONTRACT, AP#4-76, FOR THE HUMPHREY RANCH RESIDENTIAL PROJECT,
ALAMO(DISTRICT III)(COUNTY FILES: GP#04-0010, RZ#04-3150,SD#04-8905 AND
DP#04-3091)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT Resolution No. 2006/272 approving the Williamson Act Contract Rescission Agreement
between the County and Davidon Homes relating to Land Conservation Contract, AP#4-76,for the
Humphrey Ranch Residential Project in the Alamo area, AUTHORIZE!the Chair to execute the
agreement, and DIRECT staff to record said agreement with the County Recorder.
CONTINUED ON ATTACHMENT: X YES . SIGNATURE M
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF' AN ACTION TAKEN AND
I
T F SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF
UNANIMOUS(ABSENT SUPERVISORS ON THE DATE SHOWN
AYES: NOES:
ABSENT: ABSTAIN:
Contact: P. Roche, CDD-Adv. Ping. (Ph#925-335-1242) ATTESTED
cc: CAO JOHN CULLEN, ERK OF THE BOARD OF
Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
County Assessor
County Treasurer BY DEPUTY
Davidon Homes
Save Mount Diablo
CA Dept. of Conservation
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May 16, 2006
Board of Supervisors
Williamson Act Contract Rescission Agreement
Page 2
FISCAL IMPACT
None.
BACKGROUND / REASONS FOR RECOMMENDATION
On October 18, 2005, the Board of Supervisors approved the Humphrey Ranch Residential Project
through Resolution No. 2005/660 which granted approval for a 39-lot residential subdivision on a 24-
acre portion of the Humphrey Ranch Property in Alamo. In approving the project on October 18, 2005,
through Resolution No. 2005/660, the Board also declared its intent to approve in substantially the
form presented a draft Williamson Contract Rescission Agreement with Davidon Homes, and directed
staff to return to the Board a resolution formally adopting this agreement along with the necessary
findings and required documentation pursuant to Government Code section 51256.
State law provides as an alternative to canceling a Williamson Act contract, a process to rescind a
Williamson Act contract in exchange for allowing use of Williamson Act contract cancellation fees to
secure protection of equivalent agricultural lands in the region by purchasing agricultural conservation
easement on these lands. As more fully described in the October 18, 2005 Board Report, Davidon
i
Homes and Save Mount Diablo have worked together to identify two properties in Contra Costa
County which meet the statutory requirement of the Government Code to use cancellation fee
proceeds for purchase of agricultural conservation easements. The Williamson Act Contract
Rescission Agreement with Davidon Homes would secure agricultural conservation easements on the
two properties, the Gateway Property, a 36-acre site located.off_North Gate.Road,_and the-Chaparral
Springs Property, a 333-acre site located off Marsh Creek Road, and these easements will
permanently protect these properties for agricultural uses. This agricultural easement exchange
proposal- has been presented to the California Department of Conservation and they are nearing
completion of their review of all required documents for the agricultural easement exchange. The
required documentation, prepared pursuant to the Government Code, has been submitted to the
County and provides the evidence necessary for the Board to make required findings for the
rescission agreement.
Attached for the Board's approval is a resolution giving final approval to a Williamson Act Contract
Rescission Agreement between Davidon Homes and Contra Costa County along with proposed
findings required under state law (see Attachment "A"). The attached Williamson Act Contract
Rescission Agreement reflects the final agricultural easement exchange proposal developed between
Davidon Homes and.Save Mount Diablo which has been submitted to the California Department of
Conservation for its final review. This rescission agreement is substantially the same version
presented to the Board on October 18, 2005.
Attachment (1 item)
Attachment"A": Resolution No.2006/272 approving the Williamson Act Contract Rescission Agreement between
the County and Davidon Homes relating to Land Conservation Contract, AP#4-76, for the
Humphrey Ranch Residential Project in the Alamo area
G:Wdvance Planning adv-plantaumphreyd151606brdrptrescissbnagmt.dm
Attachment "A": Resolution No. 2006/272 approving the
Williamson Act Contract Rescission
Agreement between the County and
Davidon Homes. relating to Land
Conservation Contract, AP#4-76, for the
Humphrey Ranch Residential Project in
the Alamo area
RESOLUTION NO. 2006/272
RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, REGARDING WILLIAMSON ACT CONTRACT
RESCISSION AGREEMENT FOR THE HUMPHREY RANCH RESIDENTIAL
PROJECT (COUNTY FILES: GP#04-0010, RZ#04-3150, SD#04-8905 AND DP#04-3091)
RECITALS
WHEREAS, on February 5, 2001,the Humphrey family petitioned the County for
partial cancellation of Land Conservation Contract AP#4-76 pursuant to Government Code
Section.51282 in order to seek County approval for"an alternative use of land" for residential
construction purposes (hereinafter"Residential Component"); on an approximately 24 acre
portion (hereinafter"Humphrey Property") of a 96 acre ranch near Stone Valley Road, in the
Alamo area of Contra Costa County and
WHEREAS, on September 12, 2002,the Humphreys amended their petition to
seek, in the alternative, contract rescission pursuant to Government Code Section 51256; and
WHEREAS, on July 27, 2004 the County Board of Supervisors held a duly
noticed public hearing to consider the Humphrey's Williamson Act petition for tentative
cancellation or rescission;and
WHEREAS, on September 14, 2004,the County Board of Supervisors approved
Resolution No. 2004/405 (including its incorporated exhibits) which tentatively approved partial
cancellation or rescission of a portion of Land Conservation Contract AP#4-76 comprising the
Humphrey Property, more particularly described in Resolution 2004/405 (hereinafter"Partial
Williamson Act Contract"),based on the recitals and cancellation findings, including findings
under.Government Code section 51282, set in that Resolution; and
WHEREAS, no lawsuits were filed challenging any aspect of Resolution
2004/405, and the time for bringing any such challenges has passed, resulting in Resolution
.2004/405 being deemed valid; and
WHEREAS, on September 14,2004, the County Board of Supervisors also
certified the amount of the Williamson Act cancellation fee as required by Government Code
Section 51283 at the amount of one million, one hundred fifty seven thousand dollars
($1,157,000.00); and
WHEREAS, as part of Resolution 2004/405, the County established various
conditions of final cancellation or rescission of the Williamson Act contract for the Humphrey
property. These conditions were:
a. The County's approval of a General Plan Amendment and rezoning that would
allow development of the Residential Component or any of the alternatives,with
any such approvals conditioned upon the applicable mitigation measures
identified in the EIR for the Humphrey Ranch Project (SCH#2002012029).
RESOLUTION NO. 2006/272
b. If the property owners elect to pursue cancellation,payment of the cancellation
fee set forth above.
c. If the property owners elect to pursue rescission, grant of an easement which
places land within Contra Costa County under an agricultural conservation
easement that complies with Government Code Section 51256, as determined by
the Community Development Director(Planning Director).
WHEREAS, Davidon Homes acquired the Humphrey Property on January 4,
2005; and
WHEREAS, Davidon Homes has identified two properties to be placed under
permanent agricultural conservation easements, in Contra Costa County, known as the Gateway
property and the Chaparral Springs property, and more particularly described in Exhibit A
attached and incorporated by this reference (hereinafter "easement properties"); and
WHEREAS, the precise terms of the easements have been generally negotiated,
but the fine details of the language remain to be determined; and
WHEREAS,the findings attached as Exhibit B establish that the easement
properties meet the criteria of Government Code section 51256, specifically:
a. The proposed agricultural conservation easement is consistent with the criteria set
forth in Section 10251 of the Public Resources Code, which, in turn, provides:
Applicants for an agricultural conservation easement or fee
acquisition grant shall meet all of the following eligibility
criteria:
(a) The parcel proposed for conservation is expected to
.continue to be used for, and is large enough to sustain,
commercial agricultural production. The land is also in an
area that possesses the necessary market, infrastructure, and
agricultural support services, and the surrounding parcel
sizes and land uses will support long-term commercial
agricultural production.
(b) The county has a general plan that demonstrates a long-
term commitment to agricultural land conservation. This
commitment is reflected in the goals, objectives, policies,
and implementation measures of the plan, as they relate to
the area of the county where the easement acquisition is
proposed.
(c) Without conservation,the land proposed for protection
is likely to be converted to nonagricultural use in the
foreseeable future.
2
RESOLUTION NO. 2006/272
b. The proposed agricultural conservation easement has been evaluated pursuant to
the selection criteria in Section 10252 of the Public Resources Code, and
particularly subdivisions (a), (c), (e), (f), and (h), and the proposed easement will
make a beneficial contribution to the conservation of agricultural land in its area.
c. The land proposed to be placed under an agricultural conservation easement is of
equal size or larger than the land subject to the contract to be rescinded, and is
equally or more suitable for agricultural use than the land subject to the contract
to be rescinded,taking into consideration the soil quality and water availability of
the land, adjacent land uses, and any agricultural support infrastructure.
d. The value of the proposed agricultural conservation easement, as determined
pursuant to Section 10260 of the Public Resources Code,.is equal to or greater
than 12.5 percent of the cancellation valuation of the land subject to the contract
to be rescinded,pursuant to subdivision(a)of Section 51283, as determined in a
cancellation valuation dated October 7, 2005 and easement appraisals for the
Gateway property dated March 11, 2004 and the Chaparral Springs property dated
March 1, 2006; and.
WHEREAS, pursuant to this Resolution,the County and Davidon Homes enter
into a Williamson Act.Contract Rescission Agreement pursuant to Government Code section
51256, which provides in part: "Notwithstanding any other provision of this chapter, a city or
county,upon petition.by a landowner, may enter into an agreement with the landowner to rescind
a contract in accordance with the contract cancellation provisions of Section 51282 in order to
simultaneously place other land within that city, the county, or the county where the contract is
rescinded under an agricultural conservation easement, . . . ."
WHEREAS, Davidon Homes and Save Mt. Diablo have submitted evidence of
substantial progress toward implementation of the easement exchange program, and that they
anticipate receiving approval from the Department of Conservation shortly, but Davidon has also
presented evidence that the traditional grading season has already begun, that the weather is
suitable for grading, that simultaneous grading of the school district parking lot is dependent
upon grading of the Humphrey Ranch Residential Project,that the school facilities will be
delayed a year and jobs may be lost if grading is not commenced this grading season; and
WHEREAS, based upon the appraisals previously submitted, and the May 10,
2006 letter from John Bouyea, MAI appraiser, regarding the Chaparral Springs property, and
memoranda from the Real Estate Services Division, California Department of General Services
to the Division of Land Resources Protection, California Department of Conservation,
memorandum dated April 20, 2006 regarding the Chaparral Springs property, and memorandum
dated May 4, 2006 regarding the Gateway property, the.easement value and the cancellation
valuation remain current and valid, and this Board determines that the values are as reflected in
those documents;
J
RESOLUTION NO. 2006/272
NOW THEREFORE BE IT RESOLVED that the County authorizes and takes the
following actions:
1. Upon approval of this Resolution, and upon confirmation by the
Community Development Director that Davidon Homes or its designee has tendered the amount
of one million, one hundred fifty seven thousand dollars ($1,157,000.00) (the"Deposit") to the
County, staff is directed to file the Certificate of Final Cancellation in the form attached as
Exhibit C with the County Recorder.
2. The County Treasurer shall deposit the Deposit in a separate, interest-
bearing account and handle such funds in accordance with this Resolution.
3. This Board.hereby enters into a Williamson Act Contract Rescission
Agreement in the form attached as Exhibit D, authorizes the Chair of the Board to execute this
agreement, and directs staff to commence and facilitate expeditious processing of this rescission
agreement before the California Department of Conservation, subject to the following
conditions:
a) Pursuant to Government Code section 51256.1, the Williamson Act Contract
Rescission Agreement cannot take effect until it is approved by the California
Department of Conservation acting on behalf of the Secretary of Resources
("Approval").
b) If,within 30 calendar days of the date Davidon Homes tenders the Deposit to the
County Treasurer(or within such time as the Department of Conservation
determines in writing is an appropriate extension of the thirty day time period
referenced in Government Code section 51283(e), whichever is later), such
Approval has not been granted, then:
(1)the County Treasurer shall treat the Deposit, and interest actually
accrued and paid to the County, as a cancellation fee paid pursuant to
Government Code section 51283.4(a), and transmit it to the State
Controller;
(2)the Agreement shall become null and void;
(3)the Clerk of this Board shall, if feasible, immediately provide a
courtesy notice to the Director of Conservation that the Agreement has
become null and void and that Approval is no longer sought.
c) If such Approval has been granted within 30 calendar days of the date Davidon
tenders the Deposit to the County Treasurer(or within such time as the
Department of Conservation determines in writing is an appropriate extension of
the thirty day time period referenced in Government Code section 51283(e),
whichever is later), then upon such Approval the County Treasurer shall use the
Deposit, and interest actually accrued and paid to the County, to purchase the
easements described in the Rescission Agreement attached as Exhibit D.
4
RESOLUTION NO. 2006/272
d) If any portion of the interest actually earned by the County on the Deposit is not
reasonably necessary to pay the cancellation fee described in (3)( b)(1) above or
purchase the easements described in (3)(c) above, then the County may use such
funds as it deems appropriate.
This Resolution was approved by the Board upon motion.on Tuesday, May 16, 2006, by the
following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
I, JOHN CULLEN, County Administrator and Clerk of the Board of the Supervisors, County of
Contra Costa, State of California, hereby certify that the foregoing was fully called and held in
accordance with law.on Tuesday, May 16, 2006.
ATTEST:
John Nullen
Clerk, Contra Costa County Board of Supervisors
BY:
DEPUTY
Attachments(4 items)
Exhibit A: Description of Easement Properties
Exhibit B: Williamson Act Contract Rescission.Findings
Exhibit C: Form of Certificate of Final Cancellation
Exhibit D: Form of Williamson Act Contract Rescission Agreement
Exhibit A to Resolution No. 2006/272
Legal Description Of Easement Properties
6
Part of Exhibit A to Res. No. 2006/272
LEGAL DESCRIPTION
GATEWAY PROPERTY
(AKA PINE CREEK DETENTION BASIN EXCESS LANDS)
Pine Creek Detention Basin
Excess Lands
Parcels X1035 and X1036
EXHIBIT "A"
All of Parcels One, Two, Three, and Four awarded to Contra Costa County
Flood Control and Water Conservation District in the Final Order of
Condemnation recorded August 10, 1982 in Book 10887 at page 39 of
Official. Records of Contra Costa County, California, and as shown in
Exhibit `B", Contra Costa County Public Works Department Drawing EB-
304.
Containing an area of 36.646 acres of land, more or less.
G:iGrpData\AdminlMitcht20061North Gate Exhibit A.doc
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Part of Exhibit A to Res. No. 2006/272
LEGAL DESCRIPTION
CHAPARRAL SPRINGS PROPERTY
EXHIBIT &CC99
LEGAL DESCRIPTION
REAL PROPERTY in the county of Contra Costa, state of California described as
follows:
Portions of Parcels One and Four as described in the deed to Save Mount
Diablo, a California Nonprofit Benefit Corporation recorded on August 15, 1994
as Recorder's Document 94-205202, Contra Costa County Records, said
portions being described as follows:
Commencing at the corner of Sections 20, 21, 28 and 29, Township 1 North,
Range 1 East, Mount Diablo Baseline and Meridian; thence running along the
line between Sections 20 and 21 north 00 55' 31" east 624.79 feet (north —deed)
to the POINT OF BEGINNING; thence from said POINT OF BEGINNING north
89°04' 29" west 1265.00 feet; thence north 44004' 29" west 1277.92 feet;thence
north 00 55' 31°' east 2207.54 feet; thence south 61° 43' 31" east 2441.54 feet to
the northwest corner of the southwest 1/4 of above referenced Section 21;
thence along the northerly line of said southwest 1/4 south 89018' 11" east
709.00 feet; thence south 00 55' 31" west 1992.32 feet; thence north 89004' 29"
west 709.00 feet to the POINT OF BEGINNING.
Containing an area of 150.0 acres
ATTACHED HERETO is a plat entitled Exhibit "D" and by this reference
made a part hereof.
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No,5265
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Chaparral Springs/SMD Page 1 of 1
Ganse van,,)n E.ernenl A=rch 3.2006
A DKIc and 078-050-011
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EXHIBIT "D"
CONSERVATION EASEMENT
APN 078-040-009
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1"=600' DA March 3, 2006 078-040-011
Exhibit B to Resolution No. 2006/272
Williamson Act Contract Rescission Findinils
Pursuant to Resolution 2006/272 Contra Costa County hereby cancels a portion of Williamson
Act Contract AP#4-76 on the Humphrey Ranch property and simultaneously authorizes the
placement of perpetual conservation easements on two easement properties. Modifications may
be made to the form so long as the easement properties, and the easements, continue to meet the
criteria of Government Code section 51256. As provided in Resolution 2004/405, this
determination will be made by the Director of Planning.
The findings in Resolution 2006/272 are based upon the recitals set forth in the Resolution to
which this Exhibit is attached, on the findings in other attachments to the same resolution, on
information in the Final Project EIR (especially Master Comment 5) and on the following:
I. The easement properties meet the criteria of Government Code section
51256, specifically:
1. The proposed agricultural conservation easement is consistent with the criteria
set forth in Section 10251 of the Public Resources Code,which, in turn, provides!
(a) The parcels proposed for conservation are expected to continue to he used for, and is large
enough to sustain, commercial agricultural production. The land is also in an area that
possesses the necessary market, infrastructure, and agricultural support services, and the
surrounding parcel sizes and land uses will support long-term commercial agricultural
production.
The two parcels in question: the"Gateway"property (otherwise known as the Pine
Creek Surplus Lands) and the Chaparral Springs property are both large, rural parcels of open
land which are perfectly suited to long-term grazing and other agricultural uses as well as key
additions to the open-space environment of the Mt. Diablo foothills. Both are classified as
"grazing lands" by the California Department of Conservation's Farmland Mapping and
Monitoring Program. A general description of each property is as follows:
Gateway Property (Pine Creek Surplus Lands)
The Gateway property is an approximately 35 acre site owned by the Contra Costa
County Flood Control and Water Conservation District. The subject property is comprised of
five adjacent Assessor Parcel Numbers (138-160-001-, -002, -003 and 138-170-001 and -007.
The land is in unimproved condition and zoned A-2 (General Agriculture)under the jurisdiction
of Contra Costa County.
The topography of the property is fairly consistent, and slopes gently downward from
North Gate Road to Pine Creek Road from an east to west direction. The site contains perimeter
barbwire fencing, it is supplied with a water well with pump and has been used for cattle grazing.
The property is supplied with water from the Contra Costa Water District, and both gas and
electric service is available from North Gate Road.
7
Other than cattle grazing,the proposed easement for the Gateway property would allow
for a 5 acre staging area for equestrian events and the deposit of soils on a periodic and as-
needed basis from the adjacent Pine Creek Detention Basin. Based on the terms of the easement,
deposit of these soils will actually improve the foraging quality of the grasslands on the property.
The property is larger than the Humphrey property, in a better location to sustain long-term
grazing activities and is currently being grazed by the Ginochio family who operate one of the
largest cattle grazing operations in Contra Costa County.
Gateway.is adjacent to the 1,024 acre Diablo Foothills Regional Preserve, which is
adjacent to the 1,422 acre City of Walnut Creek Shell Ridge Open Space, both of which are
grazed and both agencies have demonstrated long-term commitments to the use of grazing as a
management tool. Gateway is also adjacent to the private 2,100 acre Ginochio Ranch which
borders the two parks. The Ginochios own more than 7,000 acres in Contra Costa County, and
with additional leases on public lands, graze up to 13,000 acres. They are the grazer of the
Gateway parcel, and have the proven market, infrastructure and access to agricultural support
services and to surrounding lands to remain in agricultural production.-
Chaparral Springs Property
The Chaparral Springs property is a 333 acre parcel adjacent to the Black Diamond
Mines Regional Preserve on Marsh Creek Road. The property is owned by Save Mt. Diablo. The
subject property is comprised of four Assessor Parcel Numbers (078-280-002-3, 078-040-009-9,
078-040-011-5, 078-070-026-6). The property-is zoned A-2 (General Agriculture) under the
jurisdiction of Contra Costa County.
The property is named for an unusual south slope spring stretches nearly a mile along the
north side of Marsh Creek Road, east of Clayton. Chaparral Springs has both water service, two
ponds and a variety of seasonal streams. Preservation of the parcel will create a permanent land
bridge and a Marsh Creek Road scenic corridor east of Clayton, and permanent protection of this
land for agricultural use and open-space is an important step in creating a protected corridor from
Mt. Diablo.
Chaparral Springs is currently grazed pursuant to a Grazing Agreement with the family of
Jerry Glavin Sr. Grazing is used as a land management tool and to reduce fire danger on the
property. The proposed easement portion of the property (approximately 200 acres) is many
times larger than the Humphrey property and is in a much better suited location to-sustain long-
term grazing activities.
The property is adjacent to the 1,030 acre Clayton Ranch unit of Black Diamond Mines
Regional Preserve (6,251 acres)which is grazed. The East Bay Regional Park District (EBRPD)
has demonstrated a long-term commitment to the use of grazing as a management tool. The
property is also adjacent to thousands of acres of private grazing lands including ones owned by
the Galvin family who grazes Chaparral Springs. The Galvin family and the nearby Thomas
family holdings have the proven market, infrastructure and access to agricultural support services
and to surrounding lands to remain in agricultural production.
8
(b) The applicable general plan that demonstrates a long-term commitment to agricultural
land conservation. This commitment is reflected in the goals, objectives,policies, and
implementation measures of the plan, as they relate to the area of the county where the
easement acquisition is proposed.
Contra Costa County has a long-term commitment to agricultural land.conservation in its
General Plan via land use policies that include agricultural land preservation and growth
management policies including an Urban Limit Line outside of which major subdivisions and
provision of most infrastructure are not allowed. The County also has a "right to farm"
ordinance, supportive LAFCO procedures to bolster the Urban Limit Line policies, CEQA
policies to include an analysis of impacts to agricultural land resources, Williamson Act
preserves and the existence of several agricultural land conservation trusts and conservancies.
(c) Without conservation, the land proposed for protection is likely to be converted to
nonagricultural use in the foreseeable future.
Without conservation, the Gateway parcel will be developed given its location with
Contra Costa County's Urban Limit Line,the City of Walnut Creek's Sphere of Influence and
the joint city-county North Gate Specific Plan, and given a current application by the Contra
Costa County Flood Control and Water Conservation District for entitlements for a 34 lot
residential subdivision.
Chaparral Springs was purchased in 1994 by Save Mt.Diablo. The property is subject to
pressure from ranchette development proposals as indicated by the Save Mt. Diablo group being
outbid several times by private buyers who made various subdivision proposals for the property.
The property located outside of the Urban Limit Line, and it is zoned "A-4." As the appraisal
states, "the subject property consists of four Assessor's Parcels and in all likelihood could be
developed with residential estates or ranchettes under a minor subdivision of the site."
2. The proposed agricultural conservation easement has been evaluated pursuant to the
selection criteria in Section 10252 of the Public Resources Code, and particularly
subdivisions (a), (c), (e), (f), and (h), and the proposed easement will make a beneficial
contribution to the conservation of agricultural land in its area.
(a) The easements both meet multiple natural resource objectives: preservation of
wetland and creek areas on site; enhancement of wildlife and open-space corridors; preservation
of scenic and visual corridors and, primarily, the protection of agricultural resources.
(c) As detailed above, Contra Costa County has a strong commitment to agricultural land
protection in its general plan and other county policies and the existence of experienced and
effective land trust and conservancies.
(e) The Gateway property is adjacent to the City of Walnut Creek Sphere of Influence
and its preservation could serve to buffer the sphere and adjacent agricultural lands. The
Chaparral Springs property is within two miles of the City of Clayton's sphere of influence and
its preservation will buffer the sphere and adjacent agricultural lands.
9
(h) The parties involved in the two easement proposals (Contra Costa County, the City
of Walnut Creek, the East Bay Regional Park District, Save Mt. Diablo and the Agricultural
Trust of Contra Costa County) collectively have the demonstrated fiscal and technical capability
and experience in agricultural land conservation and management to effectively carry out this
easement exchange proposal.
3. The land proposed to be placed under an agricultural conservation easement is of equal
size or larger than the land subject to the contract to be rescinded, and is equally or more
suitable for agricultural use than the land subject to the contract to be rescinded, taking
into consideration the soil quality and water availability of the land, adjacent land uses,
and any agricultural support infrastructure.
As detailed above, the portion of the Humphrey property proposed for contract rescission
is 24 acres. The two easement properties are, literally, almost 10 times the acreage of the
Humphrey parcel and are much more suited to long-term agricultural use based on soil and water
quality, adjacent land uses, agricultural support infrastructure and all other relevant factors that
contribute to the long-term success of farming and ranching operations.
4. The value of the proposed agricultural conservation easement, as determined pursuant
to Section 10260 of the Public Resources Code, is equal to or greater than 12.5 percent of
the cancellation valuation of the land subject to the contract to be rescinded, pursuant to
subdivision (a) of Section 51283, as determined in an easement value and the cancellation
valuation dated October 7,2005.
The Contra Costa County Assessor has valued the Humphrey property Williamson Act
contract cancellation value at$1,157,000. An appraisal of the Gateway property (based on a
March 24, 2004 appraisal by John Bouyea and Associates)puts the value of the conservation
easement at$8,590,000. An appraisal of the Chaparral Springs property (based on a March 23,
2006 appraisal by John Bouyea and Associates)puts the easement value of 1.50 acres
encumbered at $666,000. A portion of the Williamson Act cancellation fee (approximately
$491,000) will go toward the Gateway easement purchase, and the remainder will be used for
placement of an easement on the Chaparral Springs parcel.
10
Exhibit C to Resolution No. 2006/272
Certificate of Final Cancellation
When recorded, return original
Recorded document to:
Send one(1)copy to:
Planning Division
County Assessor
SPACE ABOVE THIS LINE FOR RECORDER USE ONLY
CERTIFICATE OF FINAL CANCELLATION OF A PORTION OF
CALIFORNIA LAND CONSERVATION CONTRACT NUMBER AP#4-76
Pursuant to the requirements of Section 51283.4 of the Government Code of the State of
California,the County of Contra Costa(County) and Davidon Homes , the owner of the subject
real property (Owner), hereby cancel an approximately 24 acre portion of California Land
Conservation Contract No. AP44-76 (Attached as Exhibit"I") affecting 2900 Stone Valley Road
(hereinafter the "Humphrey Property") as described in the attached legal description and map
(Attached as Exhibit"1").
CURRENT LANDOWNER(S)
Dated: May 2006
By:
Address of Property Owner(s):
CONTRA COSTA COUNTY
Dated: May 2006
By:
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ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of Contra Costa )
On ,before me, a Notary Public,personally
appeared
personally known to me—OR—
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed same in his/her/their authorized capacity(ies),and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument.
Witness my hand and official seal
Signature of Notary
LEGAL DESCRIPTION
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Exhibit D to Resolution 2006/272
Williamson Act Contract Rescission Agreement
This Williamson Act Contract Rescission Agreement("Agreement") is made and
entered into as of May 16, 2006 by Davidon Homes (hereinafter"Davidon" or"landowner") and
the Contra Costa Board of Supervisors (hereinafter"County" or"Board").
RECITALS
WHEREAS, on February 5, 2001, the Humphrey family petitioned the County for
partial cancellation of Land Conservation Contract AP#4-76 on an approximately 24 acre portion
(the"Humphrey Property") of a.96 acre ranch near Stone Valley Road, in the Alamo area of
Contra Costa County (hereinafter"Humphrey Ranch") pursuant to Government Code Section
51282 in order to seek County approval for"an alternative use of land"for residential
construction purposes (hereinafter"Residential Component"); and
WHEREAS, on September 12, 2002, the Humphreys amended their petition to
seek, in the alternative, contract rescission pursuant to Government Code Section 51256; and
WHEREAS, on July 27, 2004 the County Board of Supervisors held a duly
noticed public hearing to consider the Humphrey's Williamson Act petition for tentative
cancellation or rescission; and
WHEREAS, on September 14, 2004, the County Board of Supervisors approved
Resolution No. 2004/405 (including its incorporated exhibits) which tentatively approved partial
cancellation or rescission of a portion of Land Conservation Contract AP#4-76 comprising
approximately 24 acres, more particularly described in Resolution 2004/405 (hereinafter"Partial
Williamson Act Contract"),based on the recitals and cancellation findings, including findings
under Government Code section 51282, set in that Resolution; and
WHEREAS,no lawsuits were filed challenging any aspect of Resolution
2004/405, and the time for bringing any such challenges has passed, resulting in Resolution
2004/405 being deemed valid; and
WHEREAS, on September 14, 2004, the County Board of Supervisors also
certified the amount of the Williamson Act cancellation fee as required by Government Code
Section 51283 at the amount of one million, one hundred fifty seven thousand dollars
($1,157,000.00); and
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WHEREAS, as part of Resolution 2004/405, the County established various
conditions of final cancellation or rescission of the Williamson Act contract for the Humphrey
property. These conditions were:
a. The County's approval of a General Plan Amendment and rezoning that
would allow development of the Residential Component or any of the
alternatives, with any such approvals conditioned upon the applicable
mitigation measures identified in the EIR for the Humphrey Ranch Project
(SCH42002012029).
b. If the property owners elect to pursue cancellation, payment of the
cancellation fee set forth above.
c. If the property owners elect to pursue rescission, grant of an easement which
places land within Contra Costa County under an agricultural conservation
easement that complies with Government Code Section 51256, as determined
by the Community Development Director (Planning Director).
WHEREAS,this Agreement is entered into pursuant to Government Code section
51256, which provides in part: "Notwithstanding any other provision of this chapter, a city or
county, upon petition by a landowner, may enter into an agreement with the landowner to rescind
a contract in accordance with the contract cancellation provisions of Section 51282 in order to
simultaneously place other land within that city,the county, or the county where the contract is
rescinded under an agricultural conservation easement, . . . ."
WHEREAS, Davidon Homes acquired the Humphrey Property on January 4,
2005, and the San Ramon Valley Unified School District subsequently acquired approximately
10 acres of the Humphrey Ranch on April 7, 2005; and.
WHEREAS, Davidon has identified two properties to be placed under permanent
agricultural conservation easements, in Contra Costa County, known as the Gateway property
and the Chaparral Springs property, and more particularly described in Exhibit A attached and.
incorporated by this reference (hereinafter"easement properties"); and
WHEREAS,the precise terms of the easements have been generally negotiated,
but the fine details of the language remains to be determined; and
WHEREAS, the evidence in the staff report and submitted by Davidon Homes at
the October 18, 2005 hearing of the Board of Supervisors establishes that the easement
properties meet the criteria of Government Code section 51256, specifically:
a. The proposed agricultural conservation easement is consistent with the criteria
set forth in Section 10251 of the Public Resources Code, which, in turn,
provides:
Applicants for an agricultural conservation easement or fee
acquisition grant shall meet all of the following eligibility
criteria:
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(a) The parcel proposed for conservation is expected to
continue to be used for, and is large enough to sustain,
commercial agricultural production. The land is also in an
area that possesses the necessary market, infrastructure, and
agricultural support services, and the surrounding parcel
sizes and land uses will support long-term commercial
agricultural production.
(b) The county has a general plan that demonstrates along-
term commitment to agricultural land conservation. This
commitment is reflected in the goals, objectives,policies,
and implementation measures of the plan, as they relate to
the area of the county where the easement acquisition is
proposed.
(c) Without conservation, the land proposed for protection
is likely to be converted to nonagricultural use in the
foreseeable,future.
b. The proposed agricultural conservation easement has been evaluated pursuant
to the selection criteria in Section 10252 of the Public Resources Code, and
particularly subdivisions (a), (c), (e), (f), and (h), and the proposed easement
will make a beneficial contribution to the conservation of agricultural land in
its area.
c. The land proposed to be placed under an agricultural conservation easement is
of equal size or larger than the land subject to the contract to be rescinded, and
is equally or more suitable for agricultural use than the land subject to the
contract to be rescinded, taking into consideration the soil quality and water
availability of the land, adjacent land uses, and any agricultural support
infrastructure.
d. The value of the proposed agricultural conservation easement, as determined
pursuant to Section 10260 of the Public Resources Code, is equal to or greater
than 12.5 percent of the cancellation valuation of the land subject to the
contract to be rescinded, pursuant to subdivision(a) of Section 51283, as
determined in a cancellation valuation dated October 7, 2005 and easement
appraisals for the Gateway property dated March 11, 2004 and the Chaparral
Springs property dated March 1; 2006.,.
Therefore, the parties mutually agree as follows:
1. Pursuant to Resolution 2006/272,the County agrees to and does: (a) enter
into this Williamson Act Contract Rescission Agreement with Davidon Homes to rescind a
portion of Williamson Act Contract AP94-76 and, upon approval-of this Agreement and
supporting documentation by the Secretary of Resources pursuant to Government Code section
51256.1, and (2) authorize and distribute Williamson Act cancellation fees for the simultaneous
placement of agricultural conservation easements on the easement properties subject to certain
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conditions and contingencies. Modifications may be made to the form of the easements so long
as the easement properties, and the easements, continue to meet the criteria of Government Code
section 51256. As provided in Resolution 2004/405, this determination will be made by the
Community Development Director.
2. To the extent permitted by law each party shall release each and every
other Party and their officers, agents, employees, and independent contractors from any-liability
whatsoever, based or asserted upon any act or omission of said Party pursuant to this Agreement;
and each Party that is named in a legal action with any other party and their officers, agents,
employees, and independent contractor based upon such alleged acts or omissions shall
cooperate in the defense of the other Party and their officers, agents, employees, and independent
contractors to the extent permitted by law. As used throughout this paragraph, "officers"
includes, but is not limited to, any person who is a member of a Party's governing body or who
exercises executive responsibility.
Signatures and Authorization
CONTRA COSTA COUNTY DAVIDON HOMES
By % _ �` By
Chair, Contra Costa County Jeffrey Thayer, Vice-President
Board of Supervisors
MAY 16, 2006
ATTEST: COUNTY OF CONTRA COSTA
JOHN CULLEN, County Administrator
and Clerk of the Board of Supervisors
By:
eputy Clerk
Approved as to Form:
Silvano B. Marchesi, County Counsel
By:
Deputy County Counsel
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