RESOLUTION NO. _____________

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

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RESOLUTION TO ESTABLISH AN AGRICULTURAL PRESERVE

WITHIN SAN MATEO COUNTY AND TO AUTHORIZE

EXECUTION OF LAND CONSERVATION CONTRACT

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

WHEREAS, Neil and Alix Curry are the owners of certain land in the County of San Mateo used for agricultural purposes within the concept of the California Land Conservation Act of 1965, and have requested to have said land designated as an Agricultural Preserve, and have submitted such request with a properly executed contract form heretofore approved by this Board, for execution by this Board; and

WHEREAS, the County of San Mateo is authorized to establish Agricultural Preserves by the California Land Conservation Act; and

WHEREAS, all procedural requirements of the Land Conservation Act and Board of Supervisors of San Mateo County Resolution No. 44396 have been followed; and

WHEREAS, this Board of Supervisors does hereby establish the boundaries of the property to be included within this preserve as set forth in EXHIBIT "A"; and

WHEREAS, this Board of Supervisors, having received and reviewed the report of the Planning Commission as to the request to establish that this Preserve is consistent with the General Plan of San Mateo County; and

WHEREAS, this Board deems it desirable to enter into land conservation contracts, under the provisions of the California Land Conservation Act of 1965, with owners of land which is appropriately used for agriculture or other purposes authorized by said Act, or purposes left within the discretion of the Board of Supervisors under the terms of the Act; and

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

1.

Establishment, Disestablishment, Alterations. The procedures set forth in Resolution No. 44396 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.

2.

Policy. This Board recognizes that:

a.

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.

b.

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.

c.

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.

d.

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.

e.

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.

f.

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.

3.

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

4.

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

5.

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.

6.

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.

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

1.

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.

2.

That the form of the Land Conservation Contract presented to this Board be, and the same is hereby, approved.

3.

That the Chairman of this Board of Supervisors be, and they are 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 their signature hereto.

4.

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.

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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: 086-112-010.

The real property is situated in the County of San Mateo, State of California, and is described as follows:

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 "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.

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.

3.

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

4.

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

5.

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.

6.

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.

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.).

e.

Temporary camping sites.

7.

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