CALIFORNIA LAND CONSERVATION CONTRACT

No. ___________________

* * * * * *

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

______________________________________________________________

THIS CALIFORNIA LAND CONSERVATION CONTRACT, made and entered into this 18th day of December, 2001, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and Neil and Alix Curry 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.

LT:cdn - LLTL2777_WCF.DOC

(11/14/01)

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

Neil Curry

Alix Curry

COUNTY OF SAN MATEO

By

Michael D. Nevin, President

Board of Supervisors

"County"

ATTEST:

Clerk of Said Board of Supervisors

(NOTARIAL ACKNOWLEDGMENT)

* * * * * *

EXHIBIT "A"

The land referred to is situated in the State of California, County of San Mateo, in the unincorporated area, and is described as follows:

(APN 086-112-010)

All of LOT 4 and that certain Parcel of land lying between said LOT 4 and Pescadero Creek, as delineated upon that certain Map entitled "LEVY'S ADDITION TO PESCADERO," filed for record in the Office of the Recorder of the County of San Mateo, State of California, on January 11, 1892 in Book "C" of Maps, at Page 5, and copies into Book 2 of Maps at Page 47, more particularly described as a whole as follows:

BEGINNING at the point of intersection of the Northerly line of the lands conveyed to Madalena Pia Campinotti by that certain Deed recorded on October 31, 1939 in Book 872 of Official Records at Page 120 (File No. 72976-D), Records of San Mateo County, California, with the centerline of Water Lane as said Lane is shown on that certain Record of Survey filed on September 11, 1969 in Volume 6 of Licensed Land Surveyors Maps at Page 139, Records of San Mateo County, California; thence from said point of beginning along the Northerly boundary line of said lands conveyed to Campinotti (being also the Southerly line of Lot "K" as shown on said Map of "Levy's Addition to Pescadero"), North 81º 09' 15" East 416.12 feet (called North 81º 00' East 415.80 feet in said Deed to Campinotti) to a concrete monument; thence continuing along the general Northerly line of said Lands conveyed to Campinotti, being the Easterly line of the aforementioned Lot "K" (using azimuth contained in said Deed to Campinotti), North 3º 50' East 85 feet to the intersection thereof with a concrete monument set in the Southwesterly bank of Pescadero Creek; thence continuing along said general Northerly line of the lands conveyed to Campinotti, North 17º East 47 feet to the centerline of said Pescadero Creek, thence up said centerline, in a general Southeasterly direction to the intersection thereof with the Southerly line of Lot 4 ash shown on said Map of "Levy's Addition to Pescadero," and the Southerly of the aforesaid lands conveyed to Campinotti; thence along said last mentioned Southerly line (using azimuth as set forth on the above described Record of Survey), South 81º 09' 15" West (called South 81º 00' West in said Deed to Campinotti) 1,235 feet, more or less, to the intersection thereof with the centerline of Water Lane first above mentioned; thence along said centerline, North 35º 12' 00" West 781.87 feet to a concrete monument and the point of beginning.

Said parcel is also set forth in that certain "Certificate of Compliance, pursuant to Government Code Section 66499.35(a)" dated March 29, 1993 and recorded by the County of San Mateo Environmental Services Agency Planning and Building Division in the Office of the County Recorder April 1, 1993, Document No. 93051261 in the County of San Mateo, California.

EXCEPTING THEREFROM so much as lies within that certain 50-foot wide strip of land (now known as Water Lane) as said strip of land was conveyed to the County of San Mateo by Deed dated April 27, 1938 and recorded October 31, 1938 in Book 818 of Official Records at Page 30 (File No. 43146-D), Records of San Mateo County, California.

EXHIBIT "A"

The land referred to is situated in the State of California, County of San Mateo, in the unincorporated area, and is described as follows:

(APN 086-111-200)

Portion of LOTS "A," "B," "C," "D" and "E," as delineated upon that certain Map entitled "LEVY'S ADDITION TO PESCADERO," filed for record in the Office of the Recorder of the County of San Mateo, State of California, on January 11, 1892 in Book "C" of Maps, at Page 5, and copied into Book 2 of Maps at Page 47, and being more particularly described as follows:

BEGINNING at the intersection of the Northerly line of the lands of Campinotti with the Southwesterly line of Water Lane as shown on the Record of Survey filed in Book 6 of L.L.S. Maps at Page 139 of San Mateo County Records, from which an iron axle set in concrete bears North 81° 09" 15" East 27.90 feet; thence, along said Northerly line, South 81° 09' 15" West 599.51 feet to a 3/4" iron pipe, with plastic plug stamped L.S. 6235 set in concrete; thence, parallel with Water Lane, South 35° 11' 39" East (South 35° 12' East on said Record of Survey) 650.50 feet to a 3/4" iron pipe with a plastic plug stamped L.S. 6235 set in concrete on the Southerly line of said lands of Campinotti; thence, parallel with Water Lane, South 35° 11' 39" East 504.94 feet to a 3/4" iron pipe set in concrete on the Northerly line of the lands of Del Sarto as shown on said Record of Survey; thence, parallel with Water Lane, south 35° 11' 39" East 524.40 feet to a 3/4" iron pipe with a plastic plug stamped L.S. 6235 set in concrete on the Southerly line of said lands of Del Sarto, being the Southerly line of Lot "A" as shown on the map of "LEVY'S ADDITION TO PESCADERO;" thence, along said Southerly line, North 81° 14' 28" East (North 81° 11' East on said Record of Survey, and North 81° East on said Map of Levy's Addition) 599.97 feet to the intersection thereof with the Southwesterly line of Water Lane; thence, along said line of Water Lane, North 35° 11' 39" West (North 35° 12' West on said Record of Survey) 1,680.86 feet to the Point of Beginning.

ALSO EXCEPTING THEREFROM one-half of all oil and/or minerals now located upon or in, or which might hereafter be developed on or under said property, as reserved in the Deed executed by Mary I. Morris, and Patricia Pimentel, formerly Beatrice Morris, her daughter, recorded July 28, 1955 in Book 2845, Page 152, Official Records.

EXCEPTING THEREFROM so much as lies within that certain 50-foot wide strip of land (now known as Water Lane) as said strip of land was conveyed to the County of San Mateo by Deed dated April 27, 1938 and recorded October 31, 1938 in Book 818 of Official Records at Page 30 (File No. 43146-D), Records of San Mateo County, California.