RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION TO RESCIND AN EXISTING AGRICULTURAL PRESERVE CONTRACT AND TO APPROVE AND AUTHORIZE EXECUTION OF
A NEW AGRICULTURAL PRESERVE CONTRACT IN ORDER TO REFLECT
A CHANGE IN LEGAL DESCRIPTIONS

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:

WHEREAS, WHEREAS, William Johnson and Nora Johnson are the owners of 77.6 acres of land in the County of San Mateo used for agricultural purposes within the concept of the California Land Conservation Act of 1965; 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.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:

1.

That the Class A Agricultural Preserve Contract, entered on February 15, 1977, between the owner and the County of San Mateo is rescinded under the terms and conditions stated in this resolution.

2.

That a form of a new Class A Agricultural Preserve Contract with revised legal descriptions has been presented to this Board and is hereby approved.

3.

That the Chairman of this Board of Supervisors be and he is hereby authorized and directed to execute, said contract for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest his signature hereto.

4.

That the area of San Mateo County described in EXHIBIT "A" of this Resolution is hereby designated and established as an Agricultural Preserve within the meaning of and pursuant to the California Land Conservation Act of 1965, subject to the policy and rules specified herein.

5.

That a copy of this Resolution, and a Map of the property described in EXHIBIT "A" hereof, be filed with the County Recorder of San Mateo for said County Recorder and Director of Agriculture, State of California, and that said Resolution and Map be kept current by the County of San Mateo for said County Recorder and Director of Agriculture.

6.

That the Board of Supervisors does hereby establish the policy and rules which will govern the administration of this Agricultural Preserve, to wit:

a.

Establishment, Disestablishment, Alterations. The procedures set forth in Resolution No. 28375 of the Board of Supervisors of San Mateo County shall govern the establishment, disestablishment and alteration of the boundaries of this Preserve. The procedures in said Resolution are incorporated herein and made a part hereof as if fully set forth.

b.

Policy. This Board recognizes that:

(1)

The preservation of a maximum amount of the limited supply of agricultural land is necessary for the conservation of the State's economic resources, and is necessary not only for the maintenance of the agricultural economy of the State, but also for the assurance of adequate, healthful and nutritious food for future residents of this State and Nation.

(2)

The discouragement of premature and unnecessary conversion of agricultural and open space lands to urban uses is a matter of public interest, and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents.

(3)

In a rapidly urbanizing society, agricultural and other open space lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may be limited under the provisions of the Williamson Act, constitutes an important physical, social, aesthetic, and economic asset to existing or pending urban or metropolitan developments.

(4)

Land within a Scenic Highway Corridor or Wildlife Habitat Area, as defined in the Williamson Act, has a value to the state because of its scenic beauty and its location adjacent to or within view of the state Scenic Highway, or because it is of great importance as habitat for wildlife and contributes to the preservation or enhancement thereof.

(5)

Within this Preserve, the lands shall be used only for the commercial production of agricultural commodities and open space and other compatible uses herein designated.

(6)

Property owners executing a contract for property within this Preserve should understand that the Board of Supervisors intends that the contract will run for the full term provided therein.

c.

Permitted Agricultural Uses. Permitted agricultural uses are defined in EXHIBIT "B" hereto, which is incorporated herein and made a part of this Resolution.

d.

Compatible Uses. Compatible uses are defined in EXHIBIT "C" hereto, which is incorporated herein and made a part of this Resolution.

e.

Limitation on Uses. If a contract is entered into, incorporating the agricultural and compatible uses specified in EXHIBITS "B" and "C" hereto, the property owner shall be limited to said uses even though the Zoning Ordinance or other codes, ordinances or regulations authorize different uses. In the event other codes, ordinances or regulations are or should become more restrictive than the uses authorized by the contract, the codes, ordinances or regulations shall prevail.

f.

Continuation of Preserve. Pursuant to the California Land Conservation Act, this Preserve shall continue in full effect following annexation, incorporation or disincorporation of the land described in EXHIBIT "A," except as provided for in Subsection 51243(b) of the Government Code.

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EXHIBIT "A"

To

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND

TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

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:

PARCEL I

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 30T.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.

PARCEL II

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.

EXHIBIT "B"

To

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND
TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

"PERMITTED AGRICULTURAL USES" are defined as follows:

A.

Land used for the purpose of producing an agricultural commodity for commercial purposes is an agricultural use. An agricultural commodity is any and all plant and animal products produced in the County for commercial purposes. Reference is made to Section 51201 of the Government Code for further detail on the definition of "Prime Agricultural Land."

B.

The following as defined in the California Land Conservation Act:

1.

A "Scenic Highway Corridor."

2.

A "Wildlife Habitat Area."

3.

A "Saltpond Area."

4.

A "Managed Wetland Area."

5.

A "Submerged Area."

6.

"Open Space Use."

7.

"Recreational Use."

EXHIBIT "C"

To

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND

TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

"COMPATIBLE USES" are defined as follows:

1. One-family dwellings.

2. Home occupations.

3. Accessory buildings and accessory uses appurtenant to a residential use; provided, however, that such accessory buildings shall not be constructed until the main buildings shall have been constructed.

4. Accessory uses and accessory buildings appurtenant to the uses permitted in the district.

5. All agricultural uses except hog ranches, as defined in Chapter 7, Part II, Division V, of the San Mateo County Ordinance Code.

6. The sale of the products of any permitted uses produced upon the premises. This shall include the erection of a temporary or permanent stand for display or sale of any of such products except livestock.

7. The following uses subject to the securing of a use permit in each case:

a. Riding academies, subject to the provisions of Chapter 1, Part IV of Division VI of the San Mateo County Ordinance Code (Sections 7700.0 et seq.).

b. Commercial stables, subject to the provisions of Chapter 1, Part IV of Division VI of the San Mateo County Ordinance Code (Sections 7700.0. et seq.).

c. The keeping or raising of more than twenty-five (25) turkeys, ducks or geese.

d. Dogs.

(1) Dog breeding.

(2) Commercial dog kennels.

(3) Dog training schools.

e. Temporary trailer parks for seasonal farm labor. The Planning Commission shall establish standards for such trailer parks and may provide standards of construction for improvements which need not comply with Chapter 10 of Division V of the San Mateo County Ordinance Code (Sections 5600.1., et seq.).

f. Motorcycle parks.

g. Dude Ranches.

h. Temporary camping sites.

8. Some uses not listed could be considered as "Compatible Uses" upon determination by the Planning Commission and the Board of Supervisors.