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RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE RESCINDING AN EXISTING
WILLIAMSON ACT CONTRACT AND SIMULTANEOUSLY ENTERING INTO A NEW
WILLIAMSON ACT CONTRACT WITH ROBERT AND JOANNE KIDD
WHEREAS, the Legislature of the State of California enacted
the Land Conservation Act of 1965; and
WHEREAS, the purpose of the Land Conservation Act is to
conserve land for agricultural production and open space; and
WHEREAS, the Board of Supervisors of the County of Butte, on
December 5, 1967, established Agricultural preserves within the
County pursuant to the Land Conservation Act; and
WHEREAS, the Land Conservation Act specifically provides in
Government Code Section 51240 that counties may contract with
landowners to limit the use of their land to agricultural
production andlor open space and uses compatible with
agricultural production and open space; and
WHEREAS, the Board of Supervisors, in accordance with the
provisions of the Land Conservation Act, has established uniform
rules articulating minimum parcel sizes for agricultural lands
within specified categories which may be subject to Land
Conservation Act contracts between the County of Butte and owners
of agricultural land; and
WHEREAS, Resolution 00-49, adopted April 25, 2000, is the
Board`s most recent articulation of the above referenced uniform
rules; and
WHEREAS, on October 11, 1995, a Land Canservation Agreement
was entered into, pursuant to Government Code Section 51240,
between the County of Butte and Robert D. Kidd and Joanne C.
Kidd, which agreement was recorded on February 27, 1996 as
Document #96-7147, and which agreement enforceably restricts the
use of a 120-acre parcel of agricultural land (Butte County
Assessor's Parcel #039-250-030) within an agricultural preserve,
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to agricultural, agricultural-related and compatible uses; and
WHEREAS, paragraph "NINTH" of the above referenced October
11, 1995 Land Conservation Agreement provided that the 120-acre
parcel subject to the agreement (Butte County Assessor's Parcel
#039-250-030) could not be divided by sale or gift; and
WHEREAS, Robert D. Kidd and Joanne C. Kidd, the owners of
the 120-acre parcel subject to the agreement (Butte County
Assessor's Parcel #039-250-030) presently wish to divide that
parcel into two 60-acre parcels for estate planning purposes and
also desire to enter into a new Land Conservation Agreement which
allows such division, yet still restricts the use of the entire
120 acres presently comprising that parcel to agricultural,
agricultural-related and compatible uses; and
WHEREAS, Robert D. Kidd and Joanne C. Kidd have submitted an
application to the Department of Development Services, Planning
Division, which indicates that the entire parcel is devoted to an
orchard crop (almonds) use, and which requests to rescind the
existing agreement and enter into a new agreement so restricting
the use of the entire said 120-acre parcel, but which would allow
the parcel to be divided into two 60-acre parcels; and
WHEREAS, Government Code Section 51254 provides that parties
to an existing Land Conservation Agreement may mutually agree to
rescind that existing agreement, in order to simultaneously enter
into a new Land Conservation Agreement, so long as the new
agreement enforceably restricts the same property for an initial
term at least as long as the unexpired term of the contract being
rescinded but not less than 10 years; and
WHEREAS, the new Land Conservation Agreement proposed by
Robert D. Kidd and Joanne C. Kidd, pursuant to the above
referenced application to the Department of Development Services,
Planning Division, conforms to the requirements of Government
Code Section 51254 and the requirements of above referenced
Resolution 00-49, and was recommended to the Board Of Supervisors
for approval by the Land Conservation Act Committee of the County
of Butte at its November 16, 2001 meeting.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Government
Code Section 51254, the Board of Supervisors of the County of
Butte hereby agrees to rescind the above referenced October 11,
1995 Land Conservation Agreement entered into between the County
of Butte and Robert D. Kidd and Joanne C. Kidd and to
simultaneously enter into the new Land Conservation Agreement
proposed by Robert D. Kidd and Joanne C. Kidd; and
AND IT IS FURTHER RESOLVED that, the chair of the Board is
authorized and directed to sign said new agreement.
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PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 11th day of December, 2001
by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES : None
ABSENT : None
NOT VOTING : None
r --
Curt Josiassen, Chair
Butte County Board of Supervisors
ATTESTED:
Lawrence Odle
Interim Chief Administrative Officer
and the Clerk of the Board
v.,
g:Aresolution;kidd
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