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HomeMy WebLinkAbout013-86RESOLUTION NO. 13-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE APPROVING THE ENTERING INTO OF A LAND CONSERVATION CONTRACT WITH MAGEE INVESTMENT COMPANY WITH REGARD TO THE APPROXIMATELY 135 ACRE "SHORT RANCH" LOCATED SOUTHEAST OF THE CAMINO TASSAJARA/ SYCAMORE VALLEY ROAD INTERSECTION (APN'S 202-100-017-5, 202-100-018-3, AND 202-100-019-1) PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT, GOVERNMENT CODE SECTION 51200, ET SEQ. WHEREAS, on January 27, 1986, the Danville Planning Commission at a duly noticed public hearing considered and recommended approval of a requested rezoning of the above-referenced property from the A-2 (General Agricultural) to the A-4 (Agricultural Preserve) Districts; and WHEREAS, at the above-noted hearing the Planning Commission determined conformity with the California Land Conservation Act, local ordinances, the General Plan and the provisions of the California Environmental Quality act (CEQA); and WHEREAS, on February 20, 1986 at a duly noticed public hearing, the City Council reviewed, considered and approved the Planning Commission's recommendations and determinations and introduced Ordinance No. 87 rezoning the subject property to the A-4 (Agricultural Preserve) District; and WHEREAS, at the above-noted hearing the City Council considered a draft form of the Land Conservation Contract; NOW, THEREFORE, BE IT RESOLVED THAT pursuant to the rezoning of the above-referenced property, the City Council of the City of Danville approves the entering into with Magee Investment Company of an agreement as set forth in the Land Conservation Contract attached hereto and incorporated herein by this reference and authorizes the Mayor to execute same on behalf of the City of Danville. Said Contract is to take effect upon the effective date of the ordinance rezoning the subject property to the A-4 (Agricultural Preserve) District. PASSED, APPROVED AND ADOPTED this 20th day of February, 1986 by the following vote: AYES: Kennett, Lane, McNeely, Offenhartz, Schlendorf NOES: None ABSENT: None ABSTAIN: None ATTEST /"~ CITY '9 MAYOR RESOLUTION NO. LAND CONSERVATION CONTRACT . the Parties. BY THIS CONTRACT, made and entered into day of , 19 , hereinafter referred to as "OWNER", and the City of Danville, a municipal corporation, hereinafter referred to as "CITY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the City, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and City desire to limit the use of said property to agricultural uses in order to discourage premature and unnecessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the preservation of such land in agricultcral production constitutes an important physical, social, esthetic and economic asset to City to maintain the agricultural economy of City and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and City intend that the terms, conditions and restrictions of this Contract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the provisions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. 5. Intent of Parties: Effect on ProDerr¥ Value. It is the intent of the City and Owner that this Contract is i conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is i substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governinq Statutes and Ordinances. The within 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, as amended), hereinafter referred to as the "Act". The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title S, Division 810, as adopted by reference by City. -2- 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Sections 84-42.402 and 84-42.404, as adopted by reference by City, which are hereby incorporated by reference as if fully set forth herein; provided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incorporated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency between the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. 8. Modification of Restrictions. The City Council of City may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Sections 84-42.202 through 84-42.1402, as adopted by reference by City, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written consent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. -3- '~/ 9. Term and Renewal. This Contract shall be effective commencing on the last day of February, 19, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restriction unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land described in Paragraph 2 may be cancelled as to all or a portion of said land only in accordance with the terms of Article 5 of the Act (commencing with Government Code Section 51280). Upon cancellation of said portions of this Contract, Owner shall pay to the City Treasurer, as deferred taxes, a cancellation fee in an amount equal to twelve and one-half ~ J (12 1/2) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283. This fee is subject to change with pending legislation. Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provisions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of City and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restriction authorized by Article XXVIII of the California Constitution. 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improvement, the provisions of this Contract by which Owner agrees to restrict the use of land -5- described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract all the property under this contract will be reassessed at full cash value pursuant to Revenue and Taxation Code Section 110.1 and, Owner shall pay to the City a sum equal to one hundred percent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County Assessor on the lien date next following the date of breach, as liquidated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this -6- f~ subdivision shall be changed so no greater percentage of full cash will be paid that would have been paid had there been no change of ratio. It is understood that reassessment for the period encompassed by the breach shall not terminate the Contract. Reassessment shall be in addition to other remedies available to the City under the Acts, including specific performance of this Contract or other injunctive relief, and nothing herein shall constitute a waiver of said rights. The enforcement provisions of the Contra Costa County zoning ordinance as adoptedby reference by City shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Article 84-42.4 as adopted by reference by City. 14. Effect of Division of Property. Owner agrees that division of the property described in Exhibit A into two (2) or more parcels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the City Council that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the City as notice of non-renewal by the property owner as provided in Section 9 of this Contract. -7- 15. ~ffect of Contract Upon Division. In the event the land under contract is divided, the division shall not affect the obligations of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. In addition, upon division of said property, owner shall notify the new owner, in writing, of the existence and terms of said contract. 17. Consideration. Owner shall not receive any payment from City in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. --8-- 19. COSTS ~f Litigation. In case City shall, without any fault on its part, be made a party to any litigation commenced by or against Owner, then Owner fees incurred by or imposed upon City by or in connection with such litigation, and Owner shall and will pay all costs and reasonable attorney's fees which may be incurred or paid by City in enforcing the covenants and agreements of this contract. 20. Effect of Removing Preserve or Zoninq Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the City for purposes of Section 426 of the Revenue and Taxation Code. -9- '.,,.._..// By ATTEST CITY city Clerk Mayor OWNER MAGEE INVESTMENT COMPANY OF DANVILLE We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed (Individual) STATE OF CALIFORNIA COUNTY OF Alameda On Fehr~'y %t 1986 said State, personally appeared Jerome Magee Jr. ~personally known to me or proved to me on the basis of satisfactory evidence to be the person -q whose name 4 subscribed to this instrument and acknowledged that executed it. GLEN:~LE FEDEI%qL tSS. SAVINGS AND LOAN ASSOCIATION before me. the uncl_ersi_qned, a Notary Public in and for and Barbara H. magee WITNESS my hand and official seal. GFS FORM 1251 (L 6/82) OFFICIAL SEAL ,r VICKI[ ITO MIYASHIRO ' 4 NOTARY PtJL]t&;~: - CALIFORNIA ) 4 ALAMEDA COUNTY I My Corem Elpires aphl 4, 1e89 ) (This area for official norarill tell) By NOTE: All signatures must be acknowledged. -10- RZ City of Danville Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this Exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. -11- 4 RZ city of Danville Land Conservation Contract No. EXHIBIT B ALLOWABLE LAND USES Pursuant to the provisions of Section 84-42.402 (2) of the Contra Costa County Ordinance Code as adopted by reference by the City of Danville and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Section 84-42.402 (1) and Section 84-42.404, but shall be subject to Articles 84-42.6, 84-42.8, 84-42.10, 84-42.12 and 84-42.14, all as adopted by reference by City. 1. Existina Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Chapter 82-8; as adopted by reference by City: 2. Existing Conforming Structures 3. ProDosed Structures 4. Existing Land Use 5. ProDosed Land Use -12- A list of references for further information on the general provisions of the Land Conservation Act and legislation that established the act: lo California Land Conservation Act of 1965 and Related Open Space Provisions, available from the California Legislature, Joint Committee on Open Space Lands, Assemblyman John F. Dunlap, Chairman, January, 1972. o The California Land Conservation Act of 1965: Landowner Participation and Estimated Tax Shifts, University of California, Davis Department of Agricultural Economics, available from the Joint Committee on Open Space Lands, September, 1971. · Preservations of Prime Agricultural Lands in Eastern Contra Costa, Land Conservation Committee Report, available from the Contra Costa County Planning Department, January, 1972. -13- PLANN ,G COMMI,~,.%ION CAn ~ll EXHIBIT~ £ ZONJG MAP GENERAL PLAN '! ..... 1:?-15 LOCA? N A-2 , -~ -~, / ',, , "----. ',..-"?.f,.-" l'.~ ~, ~ ',, i · / % /! ...... -'-~~~c~./~'~ ,, ~.~ ~ -?:-..: - ~-~~.__.~, _.. >~' ~/~ - ..... rP~SENT ZONING /%-2. SURROUNDING ZONING A-'~, A-Z ~.d R-IS SURROUNDING ~D USE PWIt~JFNr& ¥ A ~1¢ u&?uAU4 ' k/ AREA 'EXISTING r,A,~D use A~I(IC U L'Tu~ aL. t~ROt~OSED LA~D use GENERAL PLAN DES IGNATION 0 PEM $~0A¢4[ O~ER aAAa. el .gM~~,IW/' k.._./ ,~ I I %