RECORDING REQUESTED BY
Board of Supervisors, Calaveras County
AND WHEN RECORDED MAIL TO:
┌
Name
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Planning Department,
Calaveras County
Street
Address
City &
State
Zip
891 Mountain Ranch Road
San Andreas, CA 95249-9709
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┘
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
CALIFORNIA LAND CONSERVATION CONTRACT NO. 355
1. This CALIFORNIA LAND CONSERVATION CONTRACT (“Contract”) is made
and entered into on the 22nd day of November, 2016, by and between Michael Miller, herein
referred to as “Owner” and the County of Calaveras, a political subdivision of the State of
California, hereinafter referred to as “County”.
2. This Contract is made pursuant to the provisions of the California Land Conservation
Act of 1965 (“Act”) (Chapter 7 of Part 1 of Division 1 of Title 5 of California Government Code
commencing with sections 51200), which provisions when applicable are incorporated herein by
reference.
3. Owner is the legal owner of certain real property (“property”) situated in the County
of Calaveras, State of California and more fully described in Exhibit “A” attached hereto and
incorporated herein by reference.
4. Pursuant to Government Code section 51243, subdivision (a), during the term of this
Contract or any extensions thereof, the use of the property shall be limited to agricultural uses
and compatible agricultural uses. These uses shall be as set forth in Calaveras County Code Title
17, Section 17.18.010 et seq. Owner shall be limited to the uses specified in Section 17.18.010
et seq. even though ordinances, codes or regulations of County may authorize different uses. If
the ordinances, codes or regulations of County are more restrictive than the uses authorized by
Section 17.18.010 et seq., the ordinances, codes or regulations shall prevail.
5. The Board of Supervisors (“Board”) of County may from time to time during the term
of this Contract or any extension thereof, revise the lists of “permitted agricultural uses” or
“compatible uses” for the agricultural preserve in which the subject property is located.
6. Owner and County 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 California Revenue and Taxation Code Section 422. It is the intent
of County and Owner that this Contract is conditioned upon the 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 substantially as
favorable to the Owner as the legislation existing on the last renewal date.
7. This Contract shall be effective on the date first above written (“the anniversary date”)
and shall remain in effect for a period of ten (10) years therefrom. On the anniversary date when
the unexpired term of this Contract shall reach nine years, and on each succeeding anniversary
date, one year shall automatically be added to the unexpired term, unless notice of non-renewal
is given as provided in Paragraph 13. 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. This Contract may be canceled, as herein provided, as to all or a part of the property,
only upon the petition of Owner to County, and after a public hearing has been held in
conformance with the notice of provisions of Government Code section 51284. It is understood
by the parties that there is no right to cancellation and the Board of County may approve
cancellation only in accord with the cancellation provisions of the Act (Article 5, Government
Code section 51280, et seq.).
9. This Contract may be canceled by mutual agreement of County and Owner without
payment of cancellation fee or public hearing whenever there is not operative legislation
implementing Article XXVIII of the California Constitution at the time the cancellation is
requested by Owner.
10. This Contract is divisible in the event the property described in Exhibit “A” is
divided. Property described in Exhibit “A” shall not be divided into parcels of a size that will
not independently meet the requirements for establishment of an agricultural preserve as adopted
by the Board of County, and in no event shall such property be divided into parcels of less than
fifty (50) acres in area except as a result of court decree or the intestate or testamentary
disposition of land. Owner agrees to submit a proposed division to County for its approval, and
County shall, as a condition of any approval of such division, require Owner or successors
thereof, as the case may be, to execute a contract or contracts so that at all times each parcel
created by the division is restricted by a contract or contracts identical to the contract covering
the subject property at the time of such division. Owner agrees to execute such contract.
County, and other political entity, or any court having jurisdiction and making an order of
division of the property shall as a condition of the division require the execution of the contracts
provided for in this paragraph. The owner of any parcel created by division of the property may
exercise, independent of any other owner of a portion of the divided property, any of the rights of
owner executing this Contract to give notice of non-renewal as provided in Paragraph 13 or to
petition for cancellation as provided in Paragraph 8. The effect of any such action by an owner
of parcel created by a division 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.
11. In the event that this Contract covers more than one legal parcel, the following shall
apply. The Owner will not sell or otherwise transfer title to any legal parcel or parcels which are
individually or in combination less than 50 acres, or which would result in a retained parcel or
parcels of less than fifty acres. For existing parcels which are 50 acres or larger, the sale or
transfer of title shall be treated as a division of the land as provided in paragraph 10 of this
Contract and shall conform in all respects to the requirements of that paragraph.
12. During the term of this Contract or any extension thereof, Owner shall, not later than
the fifteenth (15th) day of February of each year, provide information to County relating to
Owner’s obligation herein in order for County to determine the value for assessment purposes
and for continued eligibility under the provisions of the Act and Resolution No. 75-489.
13. If either party desires in any year not to renew this Contract, that party may serve
written notice of non-renewal upon the other party in advance of the annual renewal day of this
contract. Unless written notice of non-renewal is served by Owner at least ninety (90) days prior
to the renewal date, or by County at least sixty (60) days prior to the renewal day, this Contract
shall be considered renewed as provided in Paragraph 7 above.
If either party serves written
notice of non-renewal in any year within the time limits specified herein, this Contract shall
remain in effect for the balance of the period remaining since the original execution or the last
renewal of this agreement, as the case may be. Notices of non-renewal by County shall be sent
to the addresses set forth in Exhibit “B” provided by owner for this purpose. Owner shall have
the right to protest the non-renewal by County provided such protest is made in writing and filed
with the Clerk of the Board of Supervisors of County not later than sixty (60) days after receipt
of the notice of non-renewal from County or the last day of February of the calendar year in
which the notice was mailed, whichever date is first to occur. Prior to the renewal date, County
may without notice to Owner withdraw a notice of renewal. Upon request of Owner, County
may authorize the Owner to serve a notice of non-renewal on a portion of the subject property,
subject to the notice of provisions of this paragraph.
14. Removal of any of the property from the agricultural preserve in which the property
is located shall be equivalent to notice of non-renewal by County as to the land actually removed
from the agricultural preserve. County shall, at least sixty (60) days prior to the annual renewal
date, serve a notice of non-renewal as provided in Paragraph 13. County shall record the notice
of non-renewal in the office of the Recorder of County as required by Section 51206 of the
California Government Code, however, Owner agrees that a failure of County to record said
notice of non-renewal shall not invalidate or in any manner affect the notice.
15. Upon the filing of an action in eminent domain by an agency or person specified in
Government Code Section 51295 for the condemnation of the fee title of all the property or upon
the acquisition in lieu of condemnation of the fee, this Contract shall be null and void on the date
of filing of suit or upon the date of acquisition as to the land condemned or acquired, and the
condemning of acquiring agency or person shall proceed as if the Contract never existed.
16. Upon the filing of an action in eminent domain by an agency or person specified in
Government Code Section 51295 for the condemnation of the fee title of a portion of the
property, or upon the acquisition in lieu of condemnation of the fee, this Contract shall be null
and void on the date of filing of suit or upon the date of acquisition as to the portion of the
property condemned or acquired and shall be disregarded in the valuation process only as to the
land actually taken, unless the remaining portion of the land subject to this Contract will be
adversely affected by the take or acquisition in which case the value of that damage shall be
computed without regard to this Contract. Under no circumstances shall any of the property be
removed from the provisions of this Contract that is not actually taken or acquired, except that
when only a portion of the land or less than a fee interest in the land is taken or acquired, this
contract may be canceled with respect to the remaining portion or interest upon petition of either
party and pursuant to the provisions of Article 5 (commencing with Section 51280) of Chapter 7
of Part 1 of Division 1 of Title 5 of the California Government Code.
17. In the event a condemnation suit is abandoned in whole or in part or if funds are not
provided to acquire the property in lieu of condemnation, Owner agrees to execute a new
agreement for all of the property to have been taken or acquired identical to the Contract in effect
at the time suit was filed or on the date the land was to have been acquired, provided, however, a
notice of non-renewal had not been given by either party prior to the filing of suit or date the
property was to have been acquired and the property at the time of abandonment of the
condemnation or purchase is within the boundaries of the agricultural preserve in which the
property was first located.
18. Any conveyance, contract or authorization (whether written or oral) by Owner or
Owner’s successors in interest which would permit use of the property contrary to the terms of
this Contract or the rules of the agricultural preserve in which the property is located, or failure
to use the property consistent with the provisions herein will be deemed a breach of this
Contract. Such breach may be enforced by County by an action filed in the Superior Court of the
County for the purpose of compelling compliance or restraining breach thereof. It is understood
and agreed that the enforcement proceeding provided in this Contract are not exclusive and both
Owner and County may pursue their legal and equitable remedies. In the event that Owner fails
to comply with the terms and conditions of this Contract and the effect of the breach is to negate
the purpose and effect of this Contract, Owner shall pay to County a sum equal to 10% 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 impracticable and extremely difficult
to ascertain and that the measure of damages is a reasonable measure of the harm which would
result from such failure of compliance.
19. In the event of termination of this Contract for any reason County shall record the
appropriate documents with the County Recorder and file a copy with the Agricultural
Commissioner.
20. Pursuant to California Government Code section 51243, subdivision (b), the
provisions of this Contract shall run with the property and upon division, to all parcels created
therefrom, and shall be binding upon the heirs, successors and assigns of Owner. This Contract
shall also be transferred from County to a succeeding city or county acquiring jurisdiction over
all or any portion of the subject property. On the completion of annexation proceedings by a
city, that city shall succeed to all rights, duties and powers of County under this Contract, unless
the property or portion thereof was within one mile of the city at the time this Contract was
initially executed, and the city protested the execution of this Contract pursuant to Section
51243.5 of the California Government Code and the city states its intent not to succeed to the
rights, duties and powers in the resolution of intention to annex. If the city does not exercise its
option to succeed to the rights, duties and powers this Contract becomes null and void as to the
property actually annexed on the date of annexation.
21. The signature of any and all lienholders with an interest in the property shall be
required on this Contract, and by signing this Contract, each lienholder acknowledges he/she/it is
aware of the terms and conditions set forth in this Contract.
22. Any reference herein to sections of the Government Code, Revenue and Taxation
Code or any other reference pertinent to the California Land Conservation Act of 1965 shall
include amendments, if any, in effect at the time of execution of the Contract.
IN WITNESS WHEREOF, the parties hereto have executed this California Land Conservation
Contract the day and year set forth adjacent to their respective names.
“OWNER(S)” *
DATED:
SIGNATURE:
TYPE NAME: Michael Miller
DATED:
SIGNATURE:
TYPE NAME:
DATED:
SIGNATURE:
TYPE NAME:
DATED:
SIGNATURE:
LIENHOLDER(S)*
DATED:
SIGNATURE:
TYPE NAME:
DATED:
SIGNATURE:
TYPE NAME:
DATED:
SIGNATURE:
TYPE NAME:
TYPE NAME:
COUNTY
COUNTY OF CALAVERAS,
a political subdivision of the State of California
DATED:
SIGNATURE:
TYPE NAME: Cliff Edson_
Chair, Board of Supervisors
ATTEST:
_________________________________________
Diane Severud, Clerk of The Board of Supervisors of the County of Calaveras
*All signatures must be notarized (Partnership, corporation, etc., must be notarized as such.)
Exhibit “A”
Legal Description
For
Ag Preserve No. 355
222.89 acres
Michael Miller
Real property in the unincorporated area of the County of Calaveras, State of California,
described as follows:
Parcels 1 and 2 as shown and delineated on that certain record of survey for boundary
line adjustment filed in the office of the Calaveras County Recorder on September 17,
2007, in Book 21, of Record of Surveys, Page 91, Calaveras County Records
APN: 050-021-033 (Parcel 1) and 050-021-034 (Parcel 2)
Exhibit “B”
Michael Miller
12550 Hogan Dam Road
Farmington CA 95230