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Resolution of Acceptance of a Solar-Use Easement (Word DOC, 17 KB)

RESOLUTION OF COUNTY OF ____________ TO ENTER INTO AN AGREEMENT TO REPLACE AGRICULTURAL LAND CONSERVATION CONTRACT NO. ____ [OR FARMLAND SECURITY ZONE CONTRACT NO. ____] WITH A SOLAR-USE EASEMENT

WHEREAS, pursuant to Title 5, Division 1, Part 1, Chapter 6.9 (commencing with Section 51190) of the Government Code (the Chapter) and Government Code section 51255.1, a county and the owner of land in that county that is subject to an Agricultural Land Conservation Contract [or Farmland Security Zone Contract] may mutually agree to simultaneously rescind that contract and enter into a Solar-Use Easement as defined in the Chapter; and

WHEREAS, __[name]__ (Owner) owns one or more parcels of land (the Property) in the County of _[name]__ (County) currently subject to Agricultural Land Conservation Contract No. ____ [or Farmland Security Zone Contract No. ____] (the Contract) restricting the use of the Property to agricultural production and compatible uses; and

WHEREAS, Owner has properly applied to County requesting County to agree to simultaneously rescind the Contract and enter into a Solar-Use Easement; and

WHEREAS, pursuant to Government Code section 51255.1, subdivision (c)(1), the County Assessor determined the current fair market value of the land as though it were free of the Contract restriction for purposes of calculating the rescission fee required; and

WHEREAS, pursuant to Government Code section 51255.1, subdivision (c)(2), on ________, 20__ the County Board of Supervisors determined and certified to the County Auditor that the amount of the rescission fee that Owner shall pay the County Treasurer upon rescission is $____________; and

WHEREAS, at the request of County, the California Department of Conservation, in consultation with the California Department of Food and Agriculture, determined the Contract is eligible for rescission under Government Code section 51255.1 and placement of the Property in a Solar-Use Easement pursuant to Government Code section 51191; and

WHEREAS, Owner and County wish to agree to simultaneously rescind the Contract and enter into a Solar-Use Easement pursuant to the Chapter;

NOW, THEREFORE, BE IT RESOLVED:

County accepts and approves the Agreement to Rescind Agricultural Land Conservation Contract No. ____ [or Farmland Security Zone Contract No. ____] and to Create a Solar-Use Easement; Solar-Use Easement (the Agreement), attached to this resolution as Exhibit A and fully incorporated herein, which upon fulfillment of the conditions contained in the Agreement shall constitute the instrument granting a Solar-Use Easement under which the County shall be provided with a right or interest, acquired pursuant to the Chapter, restricting the use of the Property to the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative renewable energy facilities consistent with the California Land Conservation Act of 1965, as amended, (the Williamson Act) in Title 5, Division 1, Part 1, Chapter 7 (commencing with section 51200) of the Government Code and County implementing procedures, and prohibiting any construction of improvements except those for which the right is expressly reserved in the Agreement and provided that those reservations would not be inconsistent with the purposes of the Chapter and that would not be incompatible with the sole use of the Property for solar photovoltaic facilities.

The Chairperson of the Board of Supervisors of County is authorized and directed to execute the Agreement on behalf of County.

Upon fulfillment of the conditions of paragraph 1 of the Agreement, County shall:
1. Cause a copy of the Agreement to be recorded with the County Recorder and a copy to be filed with the County Assessor; and
2. Cause rescission fees collected pursuant to the Agreement to be forwarded to the State Controller.

ON THE MOTION OF Supervisor ____________, seconded by Supervisor _______________, the foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of _____________, State of California, this ____ day of ____________, 20__, by the following vote:

Ayes:
Noes:
Absent:

_______________________________
Chairman, Board of Supervisors
ATTEST
______________________________________
Clerk, ______________________ County
Board of Supervisors