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HomeMy WebLinkAbout106-Williamson Act Contract.pdf SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 1 of 13 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE LAND CONSERVATION CONTRACT (California Land Conservation Act of 1965 – Williamson Act) FOR RECORDATION OF THE COUNTY OF SANTA CLARA WITH THE RECORDER’S OFFICE SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 2 of 13 LAND CONSERVATION CONTRACT This is a Land Conservation Contract (the “Contract”) between the CITY OF SARATOGA (the “City”), and SOUTH THUNDER, LLC and/or any successors thereof (the “Owner”). A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property (approximately 2.68 acres) located in the County of Santa Clara within the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (“Annexation Property”); B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately 35.13 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein by this reference (“Principal Property”), which said Principal Property is subject to a Williamson Act Contract originally entered into with the County of Santa Clara, and pursuant to Government Code Section 51243, when the Principal Property was annexed to the City of Saratoga in 2006, the City succeeded to all rights, duties, and powers of the County under the Williamson Act Contract. The Principal Property is currently developed with a single family dwelling, garage, hay barn, utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and workshop; C. WHEREAS, Owner has submitted a Development Proposal to the City seeking to obtain a Conditional Use Permit with a Variation from Standards for its existing stables, and approval to remodel and increase the square footage of the single family dwelling located on the Principal Property by 2907 square feet; D. WHEREAS, any approval of the Development Proposal will be materially based on a requirement that, the Development Proposal includes merger of Principal Property and Annexation Property into a single legal parcel (the “Merged Property” described at Exhibit C attached hereto and incorporated herein by this reference) for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property will be extinguished); E. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner shall merge the Principal Property with the Annexation Property (by both Deed and a new recorded final Parcel Map) into a single legal parcel (the “Merged Property”) for planning and land use purposes, and shall rescind the Williamson Act Contract for the Principal Property and simultaneously re-enter a Williamson Act Contract covering the entire Merged Property, and shall apply for a Conditional Use Permit and Variation from Standards for the benefit of the entire Development Proposal located on the Principal Property; SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 3 of 13 F. WHEREAS, the resulting Merged Property is presently devoted to agricultural or open space and uses and uses compatible thereto and the merger shall constitute a material basis of the support for the required findings for the Conditional Use Permit and Variation from Standards granted by the City on April 20, 2011 and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City’s AP/OS overlay zoning district has not been removed by the City; G. WHEREAS, both Owner and City desire to restrict the use of the resulting Merged Property to agricultural, open space and uses compatible thereto; and H. WHEREAS, the parties have determined that the highest and best use for the resulting Merged Property during the term of this Land Conservation Contract, or any renewal thereof, shall be for agriculture, open space and uses compatible compatible thereto. AGREEMENT NOW THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965 This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the “Act.” This Contract is subject to all of the Provisions of the Act including any amendments thereto which may hereafter be enacted. 2. RESTRICTIONS ON USE OF PROPERTY During the term of this Contract, and any and all renewals thereof, the Property shall not be used for any purpose other than the agricultural, open space and recreational uses and uses compatible thereto. A list of all such compatible uses is set forth in Exhibit A, attached hereto and by this reference incorporated herein. City may from time to time during the term of this Contract and all renewals thereof, add to the list of compatible uses additional uses which shall apply uniformly to all property located in the agricultural preserve in which the Property is located; provided, however, City may not during the term of this Contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit A. The provisions of this Contract and any supplementary list of compatible uses are not intended to limit or supersede the planning and zoning powers of City. 3. RESTRICTIONS ON SUBDIVISION OF PROPERTY In order to be subdivided, the Merged Property must satisfy certain additional requirements of California law (including but not limited to any limitations imposed by the SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 4 of 13 Williamson Act or the Subdivision Map Act) for division of land, or lot line adjustment of land, which is subject to a contract under the Act. Furthermore, the Merged Property shall not be subsequently subdivided so long as any portion of the Merged Property is subject to a Williamson Act Contract, or the City’s AP/OS overlay zoning district has not been removed by the City. 4. TERM OF CONTRACT This Contract shall become effective on the date of execution by the City and shall remain in full force and effect for an initial term of ten years, which term shall commence on one of the dates specified below in this paragraph. If the date of execution of this Contract is between March 2 and December 31, the initial term of ten years shall commence as of the first day of January next succeeding the date of execution. If the date of execution of this Contract is between January 1 and March 1, the initial term of ten years shall commence as of the first day of January of the year of execution. Each succeeding first day of January shall be deemed to be the annual renewal date of this Contract. This Contract shall be renewed automatically on each succeeding January 1 and one additional year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Paragraph 5. 5. NOTICE OF NONRENEWAL (a) If either party desires in any year not to renew this Contract, that party shall serve written notice of nonrenewal upon the other party in advance of the annual renewal date of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this Contract automatically shall be renewed for an additional year as provided in Paragraph 4 above. (b) In the event that City serves written notice of nonrenewal of this Contract, the Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a written protest of nonrenewal. The notice shall be deemed to have been received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Postal Service. City may at any time prior to the next following renewal date thereafter, withdraw such notice of nonrenewal and, in such event, this Contract shall continue as if no such notice of nonrenewal had been served. (c) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this Contract shall remain in effect for the balance of the term remaining on the Contract as of the last automatic annual renewal. If the initial term of the Contract was ten (10) years, the remaining term after notice of nonrenewal is nine (9) years. 6. NO COMPENSATION SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 5 of 13 Owner shall not receive any payment from City in consideration of the obligation imposed under this Contract, it being recognized and agreed that the consideration for the execution of this Contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to owner as a result of the effect upon the assessed value of the Property on account of the restrictions on the use of the Property contained herein. 7. SUCCESSORS IN INTEREST This Contract and the restrictions imposed hereunder shall be binding upon, and inure to the benefit of, all successors in interest of the Owner and the City. 8. CANCELLATION This Contract may not be cancelled except pursuant to the provisions of the Act. 9. NOTICES All notices required or permitted by this Contract, including notice of a change of address, shall be in writing and given by personal delivery, by overnight carrier, or by first class mail, addressed to the party intended to be notified. The notice shall be deemed to have been given and received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Postal Service. Notice to the City shall be addressed: CITY OF SARATOGA, attn. CITY CLERK City Hall 13777 Fruitvale Avenue Saratoga, California 95070 Notice to Owner shall be addressed: SOUTH THUNDER, LLC c/o Brooks & Hess Attn. William T. Brooks, Esq. 577 Salmar Avenue, Second Floor Campbell, CA 95113 10. INVALIDITY City may declare this Contract terminated if it (or another substantially similar Contract) is declared invalid or ineffective in any court adjudication accepted by City as final, but no cancellation fee or other penalties shall be assessed against Owner based upon such termination. 11. HOLDERS OF RECORD SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 6 of 13 Owner represents and warrants that the persons signing below are the only persons with legal and security interests in the Property and agrees to indemnify, defend and save harmless (collectively “indemnify”) the City from any and all claims, suits or losses caused by a breach of this representation or warranty. This representation, warranty, and agreement to indemnify, are binding upon the Owner (including Owner’s successors in interest). Signatures of holders of security interests shall only be evidence of notice of the Contract and acceptance by the holders of security interests of the binding restrictions herein. IN WITNESS WHERE, the parties hereto have caused this Contract to be executed by Owner on ________________ and by City on ____________________. CITY OF SARATOGA __________________________________ Dave Anderson, City Manager ATTEST: City Clerk ____________________________________ Ann Sullivan SOUTH THUNDER, LLC By__________________________________ __________________________ (print name) __________________________ (print title) NOTE:All signatures of both owners and holders of security interests must be property notarized. APPROVED AS TO FORM: __________________________ Richard Taylor, City Attorney __________________________ William T. Brooks, Attorney for SOUTH THUNDER, LLC SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 7 of 13 EXHIBIT A LAND CONSERVATION CONTRACT (WILLIAMSON ACT) COMPATIBLE USE LIST The following is a list of land uses determined to be compatible with the agricultural use, open space and recreational use of the land subject to this Contract: 1. Facilities for, and the drying, packing or other processing of, an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter. 2. Structures necessary and incidental to the agricultural use of the land (including but not limited to, dwellings for persons employed in the agricultural use of the land). 3. The holding of nonproducing land for future agricultural use. 4. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 5. Single family dwellings incidental to the agricultural use use of the land for the residence of the owner, and the family of the owner, the lessee of the land and the family of the lessee, so long as otherwise in compliance with the City’s land use regulations (including density regulations). Owner or lessee shall be construed to include: (a) stockholders in family corporations; (b) beneficiaries of family trusts and estates; (c) owners of undivided partial interests in the fee for the sale of agricultural commodities produced on the land; (d) members in family LLCs; and (e) partners in family limited partnerships. 6. The erection, construction, alteration or maintenance of gas, electric, water or communication utility facilities, in compliance with the CITY’s underground utility ordinance No. NS-3.20. SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 8 of 13 7. Public or private fishing. 8. Public or private riding or hiking trails. 9. Stables and the boarding of horses or other livestock, a horse riding arena, but not including an animal hospital or kennel. 10. A garage, hay barn, utility barn (with an upstairs apartment), pool house, and workshop. SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 9 of 13 INSTRUCTIONS This LAND CONSERVATION CONTRACT shall be recorded with the County of Santa Clara Recorder. Owner(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT State of California ) County of ) On ______________________________________ before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY Page 10 of 13 State of California ) County of ) On ______________________________________ before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) -Page 11 of 13-EXHIBIT A Legal Description of Annexation Property -Page 12 of 13-EXHIBIT B Legal Description of Principal Property -Page 13 of 13-EXHIBIT C Legal Description of Merged Property