Attachment B

 

RESOLUTION NO. _____________

 

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

 

* * * * * *

 

RESOLUTION TO ESTABLISH AN AGRICULTURAL PRESERVE

WITHIN SAN MATEO COUNTY AND TO AUTHORIZE

EXECUTION OF LAND CONSERVATION CONTRACTS

______________________________________________________________

 
 

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

 

WHEREAS, Peninsula Open Space Trust is the owner 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 has requested to have said land designated as an Agricultural Preserve, and has 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 Resolutions 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, pursuant to Board of Supervisors Resolution No. 65067, after the entire property is placed with the two Class B contracts, the Class B contract containing the area identified in Exhibit D will be immediately rescinded and placed with a Farmland Security Zone Contract; and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 Nos. 65067 and 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 owners 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 Contracts presented to this Board be, and the same is hereby, approved.

   

3.

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

   

5.

That the contracts executed by the parties be recorded on the respective parcels and that the County Manager, or his designee, is authorized to execute and record any other documents necessary to implement this Resolution.

 

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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 Numbers: 064-370-110 and 064-370-120.

 

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

 

BEGINNING at an iron pipe for corner set in the center of a private road said corner being the most Southerly corner of the 356-acre ranch formerly of John Montevaldo; thence from said point of beginning North 71.06 chains to the Northeasterly corner of said ranch, said point also being the Southeasterly corner of property described in the Deed to Manuel Gravance and Rosa Gravance, his wife, as Joint Tenants, recorded May 19, 1949 in Book 1665 at Page 274, Official Records; thence along the Southerly boundary line of said premises described in said Deed West 17 chains more or less to the Southwesterly corner of said lands; thence along the Westerly boundary line of said lands, north 9.53 chains to the Southeasterly corner of the lands described in Parcel 5 of that certain Decree establishing death and terminating Joint Tenancy in the matter of the Estate of Fred Marsh, deceased, Case Number 19703 Superior Court, San Mateo County; thence along the Southerly boundary line of said parcel, also being described as the lands now or formerly of Ethel Josephine Marsh, Westerly 15.15 chains more or less; thence leaving said Southerly boundary line of said premises and running South 63.63 chains more or less to a point in the Northerly bank of Arroyo Leon Creek; thence in a Southeasterly direction on and along said Northerly Bank of said Arroyo to a point which bears North 82-1/4° West 1.76 chains from the Northwesterly corner of lands now or formerly of Ines, Nunes, and Azevedo; thence from said point and leaving said Northerly bank South 82-1/4° East 1.76 chains to said Northwesterly corner of said lands; thence South 72° East 1.91 chains, South 68° East 2.19 chains, North 83-3/4° East 3.27 chains, South 51-1/2° East 6.38 chains, South 54° East 15.12 chains, South 52-1/4° East 3.77 chains and South 58-1/2° East 2.12 chains, to the point of beginning.

 

EXCEPTING THEREFROM that portion of said land as granted to the County of San Mateo by an instrument recorded July 28, 1960 in Book 3833 at Page 215, Official Records.

 

The following property bears Assessor’s Parcel Number: 065-210-220.

 

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

 

LOTS 2, 3, 4, 5, 6, 33, 34 and 35 as designated on the Map entitled “MAP OF THE JOHNSTON RANCH SAN MATEO COUNTY,” which Map was filed in the Office of the Recorder of the County of San Mateo, State of California, on January 25, 1883 in Book “B” of Maps at Page 31 and a copy entered in Book 2 of Maps at Page 4.

 

EXCEPTING THEREFROM so much as described in the Deed from E.J. Cassinelli, a single man, as to the State of California, dated August 26, 1952 and recorded April 8, 1953 in Book 2395 of Official Records of San Mateo County at Page 742.

 

EXCEPTING THEREFROM that portion located within the incorporated area of the City of Half Moon Bay.

 

The following property bears Assessor’s Parcel Number: 065-210-240.

 

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

 

LOTS 1, 29, 30, 31 and 32, as delineated upon that certain Map entitled “MAP OF THE JOHNSTON RANCH SAN MATEO COUNTY,” filed for record in the Office of the Recorder of the County of San Mateo, State of California, on January 25, 1883 in Book “B” of Maps, at Page 31 and a copy entered in Book 2 of Maps at Page 4.

 

EXCEPTING THERFROM so much of Lot 1, as described in the Deed from E.J. Cassinelli, a single man, to the State of California, dated August 26, 1952 and recorded April 8, 1953 in Book 2395 of Official Records of San Mateo County at Page 742.

 

ALSO EXCEPTING THEREFROM so much of Lot 1 as granted to the County of San Mateo by an instrument recorded July 28, 1960 in Book 3833 at Page 215, Official Records.

 

ALSO EXCEPTING THEREFROM that portion of said premises described in the Deed to the County of San Mateo recorded January 10, 1969 in Book 5583 at Page 478.

 

ALSO EXCEPTING THEREFROM that portion conveyed to the City of Half Moon Bay by Deed recorded January 6, 1981 under Recorder’s Serial No. 1012AS, Official Records.

 

ALSO EXCEPTING THEREFROM that portion located within the incorporated area of the City of Half Moon Bay.

 
 

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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.”

     
     

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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.

   
   

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EXHIBIT “D”

 

To

 

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND

TO AUTHORIZE EXECUTION OF FARMLAND SECURITY ZONE LAND CONSERVATION CONTRACT

 
 

The following property bears Assessor’s Parcel Number: 064-370-070.

 

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

 

PORTION A

 

BEGINNING at a point in the Northwesterly bank of the Arroyo Leon Creek, said point being the Southwesterly corner of the lands described in the Deed from E.J. Cassinelli, also known as Emil J. Cassinelli to John J. Kane, a widower, recorded January 7, 1964 in Book 4622 at Page 315, Official records; thence from said point of beginning along the Westerly boundary line of the lands described in said Deed to Kane, North 63.63 chains, more or less to the Northwesterly corner of said lands also being a point on the Southerly boundary line of the lands described in Parcel 5 of that certain decree establishing death and terminating Joint Tenancy in the matter of the Estate of Fred Marsh, deceased, Case Number 19703; Superior Court, County of San Mateo, State of California; thence along said Southerly boundary line of said Parcel West, 19.32 chains, more or less and South 64° West, 49.10 chains to a point in the center of the Arroyo Leon Creek, said point being on the Easterly boundary line of that certain Subdivision known as “Spanishtown South,” which Map was filed in the Office of the Recorder of the County of San Mateo, State of California, on December 19, 1890 in Book “A” of Maps at Page 1 and copied into Book 1 of Maps at Page 61; thence Southerly along the center of said Arroyo Leon Creek to the point where the division fence line between the 356-acre ranch, formerly of John Montevaldo and the 100-acre ranch, formerly of William Johnston, intersects the center line of said Arroyo Leon Creek, also being the most Westerly corner of the lands described in that certain Decree settling second and final account and final distribution in the matter of the Estate of Celestine Cassinelli, deceased, Case Number 36878; Superior Court, County of Santa Clara, State of California; thence along the Westerly boundary line of the lands described in said decree, South 42-1/4° East, 3.40 chains, South 17-1/2° East, 2 chains, South 57° East, 2.25 chains South 13° East, 3 chains, South 66-1/4° East, 4.20 chains; thence leaving said center line North 22-1/2° East, 1.25 chains to a point on the Northerly bank of said Arroyo Leon Creek; thence in a Southeasterly direction on and along said Northerly bank of said Arroyo Leon Creek, 56 chains, more or less, to the point of beginning.

 

EXCEPTING THEREFROM that portion of said land as granted to the County of San Mateo, by an instrument recorded July 28, 1960 in Book 3833 at Page 215, Official Records of San Mateo County, California.

 

PORTION B

 

BEGINNING at the Northeasterly corner of a certain tract of land bought from Guadalupe Briones Miramontes, e. al., by James Johnston by Deed dated May 9, 1853 and recorded in Book 1 of Deeds at Page 162, Records of San Mateo County and running thence North 0°15' East 4.04 chains to a point on the Northerly bank of the Arroyo Leon; thence on and along said Northerly bank of said Arroyo Leon South 51°45' East 4.34 chains; South 81° East 2.77 chains; thence across said Arroyo Leon South 81°30' West 6.23 chains to the Point of Beginning.

 

BEING portion of a certain tract of land conveyed to James Johnston by Deed dated April 13, 1857 and recorded July 15, 1857 in Book 1 of Deeds at Page 165, Records of San Mateo County, California.

 

EXCEPTING THEREFROM that portion of said land as granted to the County of San Mateo, by an instrument recorded July 18, 1960 in Book 3833 at Page 215, Official Records.

 

PORTION C

 

BEGINNING at the Southeasterly corner of the one acre tract of land described in that certain Deed form Ignacio Miramontes to James Johnston, dated January 12, 1867 and recorded in Book 6 of Deeds at Page 175, Records of San Mateo County, California, said point being also the Northeasterly corner of that certain tract of land conveyed to James Johnston by Deed recorded in Book 1 of Deeds at Page 162, Records of San Mateo County above mentioned and described; thence along the Southerly boundary of said first mentioned tract South 80°45" West 3.18 chains to the Southwesterly corner thereof; thence North 5°38" West 3.55 chains to a point in the center of the Arroyo Leon; thence North 73°45' East 3.65 chains to a point on the Northerly bank of the Arroyo Leon; thence across said Arroyo Leon South 0°15' West 4.04 chains to the point of beginning.

 

EXCEPTING THEREFROM that portion of said land as granted to the County of San Mateo, by an instrument recorded July 28, 1960 in Book 3833 at Page 215, Official Records.

 

EXCEPTING THEREFROM portions A and C and portions lying Southwesterly of the common boundary line described in Agreement recorded August 14th, 1989 in Official Records, under Recorder’s Serial Number 89106773.

 

PORTION D

 

Those portions, if any, of the former lands of Corado, Inc., lying Northeasterly of the common boundary line described in Agreement recorded August 14, 1989, Serial Number 89106773, San Mateo County Records.

 

The following property bears Assessor’s Parcel Number: 064-370-200.

 

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

 

Parcel C, as delineated upon that certain Map entitled, “PARCEL MAP LANDS OF CORADO INC., BEING A RESUBDIVISION OF A PORTION OF RANCH MIRAMONTES, DESCRIBED AS ‘PORTION A OF PARCEL 1 OF PROPERTY NO. 4’ IN GRANT DEED RECORDED MARCH 4, 1987 SER. NO. 87031533, SITUATE PARTIALLY WITHIN THE CITY OF HALF MOON BAY AND PARTIALLY WITHIN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO,” filed for record on August 14, 1989 in Book 62 of Parcels Maps at Page 73, in the Office of the Recorder of the County of San Mateo County, California.

 

The following property bears Assessor’s Parcel Number: 065-210-090.

 

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

 

BEGINNING at San Mateo County Engineer’s Station “R” 14+29.30, which is a point in the existing center line of County Road No. 39, known as the Higgins-Purissima Road, said station being established by survey made by San Mateo County in 1959 for the realignment of a portion of said road (the notes of which survey are filed in the County Engineer’s Filed Book No. 750), said Point of Beginning being North 81°53'00" East 1429.30 feet, measured along said center line, from Station “C” 359+12.47, marked by a ¾-inch iron pipe monument, of the center line of the Coast Highway, as shown on the construction plans for the improvement of said Coast Highway by State Division of Highways, (District IV, Route 56, Section C, Sheet 10), approved January 11, 1954, and said Point of Beginning also being 1229.92 feet from Station “R” 1+99.38 of said existing center line of County Road No. 39, being on the Easterly line of said Coast Highway and marked by a San Mateo County Tag, said last described point being South 4°45'27" East 167.76 feet, measured along said Easterly line of the Coast Highway, from a 6-inch by 6-inch concrete California State Highway monument; thence from said Point of Beginning, leaving the center line of said existing road, South 08°07' East 20.00 feet to the True Point of Beginning for this description; thence continuing South 08°07' East 720 feet; thence South 81°53' West 825 feet; thence North 8°07' West 720 feet; North 81°53' East 825 feet to the point of beginning.

 
 

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