CONTRACT SIGNATURES. Owners of record easements across your property need not sign if they are for road, flood control or public utility purposes.

Transcription

1 FARMLAND SECURITY ZONE SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E. HAZELTON AVENUE, STOCKTON CA BUSINESS PHONE: (209) Business Hours: 8:00 a.m. to 5:00 p.m. (Monday through Friday) CONTRACT SIGNATURES INDIVIDUALS WHO MUST EXECUTE THE CONTRACT NOTARIZED SIGNATURES: All owners and holders of security interests and encumbrances must sign the contract and their signatures must be acknowledged before a notary public. REQUIRED SIGNATURES: If a record title is in the name of "John, a married man," or "Mary, a married woman" (for property acquired after January 1, 1975), or "John and Mary, husband and wife," the contract must be signed by both husband and wife. Each must also sign if they hold the property as Joint Tenants, Tenants in Common or Community Property. All Joint and Common owners must sign. Life Tenants and Remainderman must each sign. Lessees with a record interest must sign. Owners of oil, gas and mineral rights need not sign. Owners of record easements across your property need not sign if they are for road, flood control or public utility purposes. ESTATES: If any of the "Owners" is an estate, leave of the court to encumber the land must be submitted with the contract and title guarantee. MINORS, LEGAL GUARDIANSHIPS AND CONSERVATORSHIPS: If any of the "Owners" is a minor, a legal guardianship or conservatorship must first be established in a court of law. Leave of the court may be necessary before the guardian or conservator may execute the contracts. Your attorney should be consulted. DECEASED OWNERS: Your record title may show owners who are deceased, holders of security interests who are no longer entitled thereto, or other clouds on your title. If such a case, you must arrange to have documents recorded so that your record title will show only the current holders of interest. All holders of record interest must sign the contract. HOLDERS OF SECURITY INTEREST: The real property in interest, the beneficiary of a deed of trust, is the only party of a security interest who must sign. FEDERAL LAND BANK: If the holder of the security interest is the Federal Land Bank of Berkeley, its signature is not needed. Farmland Security Zone (Revised ) (Page 1 of 10) Page 1 of 1

2 FARMLAND SECURITY ZONE SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E. HAZELTON AVENUE, STOCKTON CA BUSINESS PHONE: (209) Business Hours: 8:00 a.m. to 5:00 p.m. (Monday through Friday) STEP 1 STEP 2 APPLICATION PROCESSING STEPS CHECK WITH STAFF - Development Services Staff will explain the requirements and procedures to you. SUBMIT YOUR APPLICATION - When you apply, file all of the following: FORM One (1) copy of the completed application information forms (attached) which all owners must sign. MAP One (1) copy of the assessor page(s) with the affected area outlined. DEED One copy of the recorded deed(s) of the property. APPLICATION Staff will check your application for completeness. Your application cannot be processed until it COMPLETE is complete. STEP 3 APPLICATION PROCESSING REFERRALS Staff will refer the application to the Board of Supervisors for approval. The Board of AND ACTION Supervisors will then hold a public hearing and take final action on your request. FINAL ACTION The Board of Supervisors action is final. STEP 4 CONDITIONS AND ADDITIONAL PERMITS ACTION You will be notified in writing of the final action of the Board of Supervisors. CONTRACT If the intent of the application is to form a farmland security zone to allow the property owner to enter into a farmland security zone contract, the next requirement is to complete an application for the contract. Farmland Security Zone (Revised ) (Page 2 of 10) Page 2 of 2

3 APPLICATION FARMLAND SECURITY ZONE SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT FILE NUMBER: FZ- - Name: Address: TO BE COMPLETED BY THE APPLICANT PRIOR TO FILING THE APPLICATION Owner Information Phone: PROPERTY INFORMATION Williamson Act Contract Number: Date of Contract: Assessor Parcel Number(s): Request Covers: entire contract portion only CHECKLIST FOR COMPLETING Request for Farmland Security Zone Type or print the contract number Type or print the name(s) of the current landowner(s Check if the Farmland Security Zone request is for the entire contract or for a portion of the contract. Type or print the date of the California Land Conservation Contract. Type or print the contract recording information. Type or print the address of the property owner. The document must have notarized signatures of the current landowners. STAFF USE ONLY Approved By: Date: Farmland Security Zone (Revised ) (Page 3 of 10) Page 3 of 2

4 Submitted for Recordation By and Return to: San Joaquin County Community Development Department 1810 E. Hazelton Avenue Stockton, CA (Space Above This Line For Recorder's Use) FARMLAND SECURITY ZONE APPLICATION NO. FZ- - CALIFORNIA LAND CONSERVATION CONTRACT NUMBER PURSUANT TO SECTION OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, A REQUEST FOR A FARMLAND SECURITY ZONE IS HEREBY GIVEN TO THE COUNTY OF SAN JOAQUIN BY: (Current Landowner(s) FOR THAT PROPERTY DESCRIBED IN THE ATTACHED LEGAL DESCRIPTION WHICH IS ALL OF, A PORTION OF CALIFORNIA LAND CONSERVATION CONTRACT NO. DATED AND RECORDED ON AS INSTRUMENT NO.. IN THE OFFICIAL RECORDS OF SAN JOAQUIN COUNTY. THIS APPLICATION MUST BE ACCOMPANIED BY APPLICATIONS FOR A FARMLAND SECURITY ZONE CONTRACT AND RESCISSION OF THE EXISTING CALIFORNIA LAND CONSERVATION CONTRACT. Farmland Security Zone (Revised ) (Page 4 of 10) Page 1 of 1

5 FARMLAND SECURITY ZONE CONTRACT APPLICATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E. HAZELTON AVENUE, STOCKTON CA BUSINESS PHONE: (209) Business Hours: 8:00 a.m. to 5:00 p.m. (Monday through Friday) APPLICATION PROCESSING STEPS STEP 1 CHECK WITH STAFF - Development Services Staff will explain the requirements and procedures to you. FARMLAND Processing of this application requires a rescission of an existing Williamson Act Contract and SECURITY an application for inclusion in a Farmland Security Zone. ZONE MULTIPLE If you wish, you may submit a contract covering more than one parcel of land if each parcel has PARCELS the same owner and is in the same agricultural preserve. If the owner is not the same for each parcel or if the parcels are in different preserves, the parcels must be listed in separate contract applications. LEGAL ADVICE It is advisable that you consult your attorney before submitting a contract. You should not only determine how a land conservation contract will affect the future use of your land and your property tax valuation, but also how it might affect your estate planning, will, borrowing power, tax planning and so forth. STEP 2 SUBMIT YOUR APPLICATION - When you apply, file all of the following prior to OCTOBER 1ST: FEE The staff will let you know the current cost of filing an application. Make checks payable to the San Joaquin County Treasurer. CONTRACT Two (2) originals of a completed short form contract (attached) TITLE REPORT One copy of a current, preliminary title report for the property (the report cannot be older than 6 months). A Lot Book Guarantee will be acceptable as long as the status of property taxes is noted. LEGAL Two (2) legal descriptions of the property, which must be attached to Exhibit A of the contracts. APPLICATION Staff will check your application. Your application cannot be processed until it is complete. COMPLETE STEP 3 PROCESSING & RECORDING BOARD The staff will present your application to the Board of Supervisors for their acceptance. It is not ACCEPTANCE necessary for you to be present at the Board hearing. RECORDATION The contract will be forwarded to the County Recorders Office for recordation. Farmland Security Zone (Revised ) (Page 5 of 10) Page 1 of 1

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7 Submitted for Recordation By and Return to: San Joaquin County Community Development Department 1810 E. Hazelton Avenue Stockton, CA (Space Above This Line For Recorder's Use) FARMLAND SECURITY ZONE CONTRACT NO. INCLUDING A RESCISSION OF CALIFORNIA LAND CONTRACT NO., AND ENTERING INTO A NEW CONTRACT PURSUANT TO GOVERNMENT CODE SECTION A SHORT FORM CALIFORNIA LAND CONSERVATION CONTRACT, made and entered into this day of by and between the County of San Joaquin, a political subdivision of the State of California hereinafter referred to as "County," and or, the successors thereof, hereinafter referred to as Owner: WITNESSETH: WHEREAS, Owner is the legal owner of certain real property situated in the County of San Joaquin, State of California, hereinafter referred to as the Subject Property and more particularly described in Exhibit A which is made a part of this contract; and WHEREAS, Subject Property meets one or all of the criteria specified in Government Code Section 51296(l) for Farmland Security Zone property; and WHEREAS, Subject Property is located in Farmland Security Zone No. ; established by the Board of Supervisors by Resolution Number ; and WHEREAS, pursuant to Government Code Section 51296, Owner of Subject Property wishes to rescind Land Conservation Contract No. as to the Subject Property and simultaneously place the Subject Property under a Farmland Security Zone Contract; and WHEREAS, Subject Property will continue to be devoted to agricultural uses and uses compatible thereto; NOW, THEREFORE, the parties in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: FIRST: The subject property shall be subject to all provisions set forth in Resolution No. R adopted by the Board of Supervisors of the County of San Joaquin, California, on October 19, 1999 and recorded on October 28, 1999 as Instrument Number of the Official Records of San Joaquin County, and IT IS MUTUALLY AGREED THAT the provisions set forth in said resolution 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. Farmland Security Zone (Revised ) (Page 6 of 10) Page 1 of 5

8 SECOND: Owner declares, under penalty of perjury, that the persons signing below are the only persons with legal and security interests in the subject property and agrees to indemnify, defend and save Farmland Security Zone (Revised ) (Page 6 of 10) Page 2 of 5

9 harmless the County from any and all claims, suits, or losses caused by prior claims of other owners or security holders. This declaration and hold harmless clause is binding upon Owner. Signatures of holders of security interests shall only be evidence of the Contract and acceptance by the holders of security interests of the binding restrictions herein. THIRD: Owner and holders of security interests designate the following person as the Agent for Notice to receive any and all notices and communications from County during the life of the Contract. Owner will notify County in writing of any change of designated person or change of address for him: AGENT FOR NOTICE: MAILING ADDRESS: Owners Signatures Owners by their signature below hereby certify that they are entering into a Farmland Security Zone Contract for the property described on the attached Exhibit with the County of San Joaquin, State of California. Print Name "OWNERS" Signature HOLDERS OF SECURITY INTERESTS State of California County of San Joaquin On, before me,, NOTARY PUBLIC, personally appeared personally known to me or by sufficient documentation to be the person whose name is subscribed to within the instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER INDIVIDUAL (S) CORPORATE OFFICER (S) PARTNER (S) ATTORNEY-IN-FACT TRUSTEE (S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR SIGNATURE OF NOTARY Farmland Security Zone (Revised ) (Page 7 of 10) Page 2 of 5

10 IN WITNESS WHEREOF, the parties hereto have executed the within Contract the day and year first above written. COUNTY OF SAN JOAQUIN, a Political Subdivision of the State of California Chairman, Board of Supervisors By ATTEST: LOIS M. SAHYOUN Clerk of the Board of Supervisors of the County of San Joaquin, State of California ( SEAL ) by Deputy Clerk ACKNOWLEDGMENT State of California } } ss. County of San Joaquin } On the day of, in the year, before me, LOIS M. SAHYOUN, Clerk of the Board of Supervisors of the County of San Joaquin, personally appeared, known to me to be Chairman of the Board of Supervisors of the County of San Joaquin, and known to me to be the person whose name is subscribed to the written instrument on behalf of said public corporation, agency, or political subdivision, and acknowledged to me that such political subdivision executed the same. LOIS M. SAHYOUN Clerk of the Board of Supervisors By Deputy Clerk Farmland Security Zone (Revised ) (Page 8 of 10) Page 3 of 5

11 Exhibit A Attach Legal Description Here Farmland Security Zone (Revised ) (Page 9 of 10) Page 4 of 5

12 Notary Certificates Attach Notary Certificates here. They may not overlap. If needed, attach an additional sheet for additional certificates. Farmland Security Zone (Revised ) (Page 10 of 10) Page 5 of 5