CALIFORNIA LAND CONSERVATION CONTRACT

 

No. ___________________

 

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CLASS A CONTRACT AVAILABLE FOR PARCELS OF AT LEAST FORTY ACRES WITH CERTAIN EXCEPTIONS PROVIDING FOR A MINIMUM CONTRACT TERM OF TEN (10) YEARS AND ALLOWING IMMEDIATE CANCELLATION OF THE CONTRACT

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THIS CALIFORNIA LAND CONSERVATION CONTRACT, made and entered into this 5th day of June, 2001, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and Vanos Trustees 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, 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:

 
 

1.

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.

     
 

2.

CONSIDERATION

   

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.

     
 

3.

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.

     
 

4.

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.

     
 

5.

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.

     
 

6.

ADDITIONAL USES

   

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.

     
 

7.

TERM

   

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.

     
 

8.

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.

     
 

9.

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.

     
 

10.

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.

     
 

11.

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.

     
 

12.

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.

     
 

13.

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.

     
 

14.

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.

     
 

15.

CANCELLATION

   

This Class A Contract may be cancelled as to all or a part of the subject property only upon the 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.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above.

 
 
 
 
 
 
   
   
   
   
 

"Owner"

   
   
 

COUNTY OF SAN MATEO

   
   
   
 

By

  
   

Michael D. Nevin, President

   

Board of Supervisors

   

"County"

   
 

ATTEST:

 
 
 
 

Clerk of Said Board of Supervisors

  
   
 
 

(NOTARIAL ACKNOWLEDGMENT)

 

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EXHIBIT "A"

 
 

PARCEL I:

BEGINNING at a point which bears from Post "PAN130" standing at the Northeast corner of the Rancho Punto Del Ano Nuevo, South 38° 30' East, measured along the Northeasterly line of Rancho, 2825 feet, and leaving said line of the Rancho, South 49° 30' West 1.232 feet and South 76° 30' West 536.50 feet to the true point of beginning; thence from said true point of beginning, South 76° 30' West 370 feet; thence South 13° 30' East 500 feet, more or less, to the centerline of Butano Creek; thence Southeasterly along the centerline of Butano Creek to a point which bears South 13° 30' East from the point of beginning; thence North 13° 30' West 790 feet; more or less, to the point of beginning.

 

EXCEPTING THEREFROM one-half of any and all mineral, oil or natural gas rights as reserved in that certain Deed from Shoreland Properties, Inc. to Sam H. Nigh and Audrey I. Nigh dated May 15, 1951 and recorded June 14, 1951 in 2085 O.R. 638 (42498-J).

 

PARCEL II:

An easement 60 feet wide for ingress, egress and public utilities, described as follows:

 

BEGINNING at a point on the Easterly line of the above described parcel, distant thereon South 13° 30' East 691.57 feet from the Northeasterly corner thereof; thence South 67° 44' East 103.41 feet; thence North 86° 18' East 77.00 feet; thence South 59° 10' East 77.60 feet; thence North 61° 50' East 70.00 feet; thence North 59° 10' West 132.30 feet; thence South 86° 18' West 81.82 feet; thence North 67° 44' West 132.80 feet; thence South 13° 30' East 73.95 feet to the point of beginning, as created by Deed from Andrieus Jones and Rona M. Jones to William C. Joscelyn, et ux, John F. Kyne, et ux and John E. Rich, et ux, dated July 1, 1960 and recorded July 6, 1960 in Book 3821 of Official Records, at page 242 (File No. 69212-S), Records of San Mateo County, California.

 

PARCEL III:

A non-exclusive easement for ingress and egress and for public utilities, over the following strip of land:

 

BEGINNING at a point in the centerline of Cloverdale Road distant from Post "PAN130" standing at the Northeast corner of the Rancho Punto Del Ano Nuevo, South 38° 30' East, measured along the Northeasterly line of said Rancho, 2822 feet, and leaving said line of the Rancho, South 49° 30' West 734.70 feet to the centerline of Cloverdale Road, and along said centerline of Cloverdale Road, South 42° 42' 30" East 163.58 feet, South 21° 05' East 371.58 feet, South 17° 48' East 283.54 feet and South 8° 59' 30" East 12.24 feet to the point of beginning; thence South 61° 50' West 944.21 feet; thence South 59° 10' East 58.33 feet to a line parallel with and 50 feet Southeasterly, at right angles, from the preceding course; thence North 61° 50' East 896.78 feet to the centerline of Cloverdale Road; thence along said centerline North 8° 59' 30" West 52.94 feet to the point of beginning.

 

EASEMENTS in Parcels II and III were created by that certain Deed dated October 8, 1961 and recorded October 17, 1961 in Book 4074 of Official Records at page 561, (File No. 5325-U), Records of San Mateo County, California.

 

PARCEL IV:

A portion of the lands described in that certain Deed from Sam H. Nigh and wife to Andrieus A. Jones, recorded on February 16, 1959 in Book 3547 of Official Records at page 339, (File No. 20459-R), Records of San Mateo County, California; more particularly described as follows:

 

BEGINNING at a point in the centerline of Cloverdale Road distant South 38° 30' East (measured along the Northeasterly line of the Rancho Punto Del Ano Nuevo 2825 feet and South 49° 30' West (leaving said line of the Rancho) 734.7 feet from a point marked PAN130 standing in the Northeast corner of said Ranch; said point of beginning also being at a point in the centerline of Cloverdale Road where it is intersected by the Southeasterly line of the lands described in Parcel One in the Deed from Shoreland Properties, Inc., a corporation to E. J. Feisel, Jr., dated December 23, 1948 and recorded December 28, 1948 in Book 1607 of Official Records at page 575, (File No. 68916-H), Records of San Mateo County, California; said intersection also being the Northwesterly corner of the lands described in Parcel Two in said Deed; thence running from said point of beginning along said centerline of Cloverdale Road South 42° 42' 30" East 163.58 feet; South 21° 05' East 371.58 feet; South 17° 48' East 283.54 feet; and South 8° 59' 30" East 12.24 feet to the Northeast corner of lands described in that certain Deed to William C. Joscelyn, et al, recorded on July 6, 1960 in Book 3821 of Official Records at page 240 (File No. 69210-S), Records of San Mateo County, California; running thence along the Northwest line of said last mentioned lands South 61° 50' West 1020 feet, more or less, to the centerline of Butano Creek; thence running Northwesterly along said centerline of Butano Creek to the Southeasterly corner of lands described in Parcel I of that certain Deed to Henry A. Mulder, et al, recorded on October 17, 1961 in Book 4074 of Official Records at page 561, (File No. 5325-U), Records of San Mateo County, California; running thence along the Easterly line of said last mentioned Parcel of land North 13° 30' West 790 feet, more or less, to the Northwesterly boundary line of lands conveyed to Andrieus A. Jones, by Deed recorded on February 16, 1959 in Book 3547 of Official Records at page 339 (File No. 20459-R), Records of San Mateo County, California; running thence along said Northwesterly boundary line North 76° 30' West 536.5 feet and North 49° 30' East 497.3 feet to the point of beginning.

 

EXCEPTING THEREFROM one half of any and all mineral, oil or natural gas rights as reserved in that certain Deed from Shoreland Properties, Inc. to Sam H. Nigh and Audrey I. Nigh dated May 15, 1951 and recorded June 14, 1951 in 2085 O.R. 638 (42498-J).

 

ALSO EXCEPTING THEREFROM lands conveyed from Andrieus A. Jones, et ux, to the County of San Mateo by Deed dated May 22, 1968 and recorded June 6, 1968 in Book 5483 O.R. page 558 (48736-AB).

 

APN:

087-190-040

 

087-190-050

 

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