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HomeMy WebLinkAboutAgreement A-16-542 ALCC No. 8322.pdfRecording Requested by Fresno County Board of Supervisors When recorded return to Fresno County Department of Public Works and Planning Development Services Division Stop# 214 Attention Policy Planning, ALCC No. 8322 John Adams Agreement No. 16-542 This Area for Recorder's Use Only RESCISSION AND SIMULTANEOUS ENTRY INTO NEW LAND CONSERVATION CONTRACT Incorporating Board of Supervisors Resolution by reference THIS LAND CONSERVATION CONTRACT IS MADE AND EXECUTED THIS @?;{0 day of ~~ 2016 by and between Astone Properties. LLC. a California Limited Liability Company, hereinafter refer d to as "Owner'' and the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter referred to as "County". WITNESSETH: WHEREAS, Owner possesses certain real property located in the County of Fresno, State of California, hereinafter referred to as "the Subject Property," and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the Subject Property is now devoted to commercial grazing of cattle; and WHEREAS, the Board of Supervisors by resolution has agreed to the rescission and simultaneous entry, pursuant to Government Code Section 51254 to allow this contract to be entered replacing and superceding as to the Subject Property ALCC No. 40 recorded February 29, 1968 as Instrument Number 15026, Book 5541, Pages 420 through 429 and ALCC No. 6539 recorded February 17, 1978 as Instrument Number 18160, Book 6974, Pages 669 through 672 of the Official Records of Fresno County, California; and WHEREAS; the Subject Property is located in an agricultural preserve heretofore established by the County, and designated as the Sierra Foothills Preserve No.1 . NOW, THEREFORE, both Owner and County, in consideration of the mutual promises, covenants and conditions to which reference is made herein and the substantial public benefits to be derived therefrom, do hereby rescind the above referenced contracts as to the Subject Property referenced above and further agree as follows: FIRST: This is a new contract between the Property Owner and the County of Fresno. The Subject Property shall be subject to all restrictions and conditions of the Interim Guideline adopted by the resolution by the Board of Supervisors of Fresno County, California on May 25, 2004, as well as the Williamson Act Permitted Uses, Compatible Uses, and Conditioned Compatible Uses adopted by resolution by the Board of Supervisors of Fresno County, California on October 25, 2011, and IT IS MUTUALLY AGREED THAT the conditions and restrictions set forth in said resolutions are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length and that Owner will observe and perform said provisions. SECOND: The minimum acreage for new parcels described in Paragraph Seven of the Board of Supervisors' Resolution shall be 40 acres. THIRD: This Contract shall be effective as of the date of execution by the Chairman and considered for property tax purposes as of the first day of January, 2017. IN WITNESS WHEREOF, the Owner and County have executed this Contract the day and year first above written. ATIEST: Bernice E. Seidel, Clerk Board of Supervisors COUNTY OF FRESNO By: E .-¥~~ .... L...- Ernest Buddy Mendes, Chairman Board of Supervisors Astone Properties, LLC, a California Limited Company Mark Astone, Member G:\4360Devs&Pin\PLANNING\AG\RLCC -Apps\Active Resc-Reentry\RLCC 978 Astone Properties RR\ALCC No. 8322.doc