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CLASS A CONTRACT AVAILABLE FOR PARCELS OF AT LEAST
FORTY (40) ACRES WITH CERTAIN EXCEPTIONS PROVIDING
FOR A MINIMUM CONTRACT TERM OF TEN (10) YEARS AND
ALLOWING IMMEDIATE CANCELLATION OF THE CONTRACT
THIS CALIFORNIA LAND CONSERVATION CONTRACT, made and entered into this 11 day of September, 2001, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and William Johnson and Nora Johnson or successors thereof, hereinafter referred to as "OWNER";
WHEREAS, the OWNER is the legal owner of certain real property herein referred to as the subject property situated in the County of San Mateo, State of California; and
WHEREAS, the subject property is described in EXHIBIT "A" which is made a part of this Contract; and
WHEREAS, the subject property is located in an Agricultural Preserve which has heretofore been established by the COUNTY and a map of which is on file with the Recorder of San Mateo County; and
WHEREAS, on February 15, 1977, the owner and the Board of Supervisors of the County entered a Class A Agricultural Preserve Contract to have said land designated as an Agricultural Preserve, and this contract has been automatically renewed until present day; and
WHEREAS, on January 9, 2001, the Board of Supervisors approved a Minor Subdivision of the 77.6-acre parcel into two parcels consisting of 39.3 acres and 38.3 acres with a condition that the Class A Agricultural Preserve Contract include new legal descriptions resulting from the subdivision; and
WHEREAS, this Board has been presented with a Resolution and Contract that will rescind the existing Agricultural Preserve Contract and simultaneously approve a new Agricultural Preserve Contract with the new legal descriptions in the form required by the California Land Conservation Act and Board of Supervisors of San Mateo County Resolution No. 28375.
WHEREAS, the parties acknowledge and agree that although this action is called a rescission and approval of a new contract, it is merely a technical correction and is not intended to change any other material provisions of the original contract and that the contract will remain subject to the provisions of Board of Supervisors' Resolution No. 28375.
WHEREAS, the OWNER and the COUNTY desire to limit the use of the subject property to agricultural uses and compatible uses to preserve the limited supply of agricultural land and to discourage the premature and unnecessary conversion of agricultural land to urban uses; and
WHEREAS, the OWNER and the COUNTY recognize that agricultural land has definite public value as open space, that preservation of land in agricultural production will assure an adequate food supply and that such agricultural land constitutes an important social, aesthetic and economic asset to the people of the County and the State of California; and
WHEREAS, both the OWNER and the COUNTY intend that this Contract is and shall continue to be, through its initial term and any extension thereof, an enforceable restriction within the meaning of Section 8 of Article XIII of the State Constitution, and that this Contract shall thereby qualify as an enforceable restriction under the provisions of the California Revenue and Taxation Code, Section 422.
NOW, THEREFORE, the parties, in consideration of the mutual benefits and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:
AGREEMENT MADE PURSUANT TO CALIFORNIA LAND CONSERVATION ACT
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), hereinafter referred to as the Act, and is subject to all provisions thereof.
It is agreed that the consideration for the execution of this Contract is the substantial public benefit to be derived by the COUNTY from the preservation of land in agricultural or compatible uses, and the advantage which will accrue to the OWNER as a result of the effect on the method of determining the assessed value of the subject property, including any reduction thereto due to the imposition of limitations on its use set forth in this Contract. Neither the COUNTY nor the OWNER shall receive any payment in consideration of the obligations imposed herein.
SUCCESSORS IN INTEREST
This Contract shall run with the land described herein and shall be binding upon and insure to the benefit of all successors in the interest of the OWNER. This Contract shall also be binding upon and insure to the benefit of any succeeding city or county acquiring jurisdiction over all or any portion of the subject property, except as provided in Section 51234(b) of the Act in the case of certain annexations to cities.
DIVISION OF SUBJECT PROPERTY
In the event the subject property is divided, the OWNER or successors thereof, as the case may be, agree as a condition of such division to execute such contract or contracts as will restrict any parcels created by said division to the same extent as the subject property is restricted by the Contract at the time of division. The COUNTY shall, as a condition of approving the division of the subject property, require the execution of the contracts provided for in this paragraph.
The OWNER of any parcel created by division of the subject property may exercise, independently of any other OWNER of a portion of the divided property, any of the rights of the OWNER executing this Contract, including the right to give notice of non-renewal as provided in Paragraph 8. The effect of any such action by an OWNER of a parcel created by a division of the subject property shall not be imputed to the owners of the remaining parcels and shall have no effect on the Contracts which apply to the remaining parcels of the divided land.
USE OF SUBJECT PROPERTY
During the term of this Contract, or any extensions thereof, the subject property shall not be used for any purpose other than the "Permitted Agricultural Uses" or "Compatible Uses" set forth in the Resolution establishing the boundaries and rules governing administration of the Agricultural Preserve in which the subject property is located. The OWNER shall be limited to the uses specified in the aforementioned Resolution, except that if the ordinances, codes or regulations of the COUNTY are more restrictive as to the use of said property than is the Resolution, the ordinances, codes or regulations shall prevail.
The Board of Supervisors of the COUNTY may from time to time during the term of this Contract, or any extension thereof, by resolution revise the lists of "Permitted Agricultural Uses" or "Compatible Uses" for the Agricultural Preserve in which the subject property is located; provided that said Board shall not eliminate any such permitted agricultural or compatible use during the term of this Contract or any extension thereof without the written consent of the OWNER or his successors in interest.
This Contract shall be effective on the date first written above, hereinafter the anniversary date, and shall remain in effect for a period of ten (10) years therefrom. On each succeeding anniversary date, one (1) year shall automatically be added to the unexpired term unless notice of non-renewal is given as provided in Paragraph 8. If either party gives notice not to renew, it is understood and agreed that this Contract shall remain in effect for the unexpired term.
NOTICE OF NON-RENEWAL
If either the OWNER or the COUNTY desires in any year not to renew this contract, that party shall serve written notice of non-renewal of the Contract upon the other party in advance of the anniversary date. Unless such written notice is served by the OWNER at least ninety (90) days prior to the anniversary date or by the COUNTY at least sixty (60) days prior to the anniversary date, the Contract shall be considered renewed as provided in Paragraph 7. Upon receipt by the OWNER of a notice from the COUNTY of non-renewal, the OWNER may protest the non-renewal, provided such protest is made in writing and is filed with the Clerk of the Board of Supervisors of the COUNTY not later than thirty (30) days after receipt of said notice of non-renewal. The COUNTY may withdraw the notice of non-renewal at any time prior to the anniversary date. Upon request by the OWNER, the Board of the Supervisors of the COUNTY may authorize the OWNER to serve a notice of non-renewal on a portion of the subject property, provided that such notice is in accordance with the foregoing provisions of this paragraph.
ACTION IN EMINENT DOMAIN TO TAKE ALL OR PART OF THE SUBJECT PROPERTY
Upon the filing of an action in Eminent Domain by an agency or person specified in Section 51295 of the Government Code, for the condemnation of the fee title of all or a portion of the subject property or upon the acquisition of the fee in lieu of condemnation, this Contract shall be null and void as provided in said Section 51295.
ABANDONMENT OF ACTION IN EMINENT DOMAIN
In the event a condemnation suit is abandoned in whole or in part, or if funds are not provided to acquire the subject property in lieu of condemnation, the OWNER agrees to execute a new contract for all of the subject property to have been taken or acquired, which contract shall be identical to the Contract in effect at the time the suit was filed or on the date the land was to have been acquired, provided that: (1) a notice for non-renewal was not given by either party prior to the filing of suit or date the property was to have been acquired, and (2) the property at the time of said execution of a new Contract is within the boundaries of an Agricultural Preserve.
REMOVAL OF SUBJECT PROPERTY FROM AGRICULTURAL PRESERVE
In the event any proposal to disestablish or to alter the boundary of an Agricultural Preserve will remove the subject property from such a Preserve, the Board of Supervisors of the COUNTY shall furnish such notice of the proposed alteration or disestablishment to the OWNER as required by Section 51232 of the Act. Removal of any of the property from the Agricultural Preserve in which the subject property is located shall be the equivalent of notice of non-renewal, as provided in Paragraph 8, at least sixty (60) days prior to the anniversary date following the removal. The COUNTY shall record the notice of non-renewal in the office of the Recorder of the COUNTY, as required by Paragraph 13 herein; however, the OWNER agrees that a failure of the COUNTY to record said notice of non-renewal shall not invalidate or in any manner affect said notice.
INFORMATION TO COUNTY
The OWNER shall furnish the COUNTY with such information as the COUNTY may require in order to enable it to determine the value of the subject property for assessment purposes and the eligibility of the subject property under the provisions of the Act.
RECORDING OF DOCUMENTS
In the event of the termination of this Contract with respect to any part of the subject property, the COUNTY shall record the documents evidencing such termination with the Recorder of the COUNTY.
ENFORCEMENT OF CONTRACT
Any conveyance, contract, or authorization (whether written or oral) by the OWNER, or his successors in interest, which would permit use of the subject property contrary to the terms of this Contract or the rules of the Agricultural Preserve in which the subject property is located, will be deemed a breach of this Contract. The COUNTY may bring any action in court necessary to enforce this Contract including but not limited to an action to enforce the Contract by specific performance or injunction. It is understood and agreed that the enforcement proceedings provided in this Paragraph are not exclusive and that both the OWNER and the COUNTY may pursue their legal and equitable remedies.
This Class A Contract may be cancelled as to all or a part of the subject property only upon petition of the OWNER to the COUNTY, and after a public hearing has been held and notice thereof given as required by Section 51284 of the Government Code. The Board of Supervisors of the County may approve cancellation only as provided by Article 5 of the Act.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above.
COUNTY OF SAN MATEO
Michael D. Nevin, President
Board of Supervisors
Clerk of Said Board of Supervisors
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The following property bears Assessor's Parcel Number: 080-350-370.
The real property is situated in the County of San Mateo, State of California, and is described as follows:
All that real property situate in the State of California, County of San Mateo and being all that portion of Parcel "A," lying in the northwesterly 1/4 of Section 30 T.7.S. R.3.W. M.D.B.&M., as shown on that Parcel Map filed in Volume 35 of Parcel Maps at pages 47 and 48, Official Records of said County, more particularly described as follows:
Beginning at the northwesterly corner of said Section 30; thence along the westerly line of said Section 30; South 0°18'16" West, 1,296.71 feet; thence leaving said westerly line North 89°12'52" East, 1,655.77 feet; thence North 0°26'49" East, 640.75 feet; thence South 89°30'27" West, 660.00 feet; thence North 0°26'49" East, 642.44 feet to a point on the northerly line of said Section 30; thence along said northerly line South 89°48'02" West, 998.76 feet to the Point of Beginning for this description.
Contains 39.2989 acres.
All that real property situate in the State of California, County of San Mateo and being all that portion of Parcel "A," lying in the northeasterly 1/4 of Section 25; T.7.S. R.4.W. M.D.B.&M, as shown on that Parcel Map filed in Volume 35 of Parcel Maps at pages 47 and 48, Official Records of said County, more particularly described as follows:
Beginning at the northeasterly corner of said Section 25; thence along the easterly line of said Section 25, South 0°18'16" West, 2593.42 feet; thence leaving said easterly line North 89°47'01" West, 641.37 feet; thence North 0°19'23" East, 2,610.21 feet to a point on the northerly line of said Section 25; thence along said northerly line South 88°16'55" East, 640.71 feet to the Point of Beginning for this description.
Contains 38.2834 acres.
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