The disclosure statement shall be in substantially the following form, using the following language, and shall be signed by both the owner or seller/transferor and the buyer/transferee:
REAL ESTATE DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE AREA OF ______________, COUNTY OF ______________, STATE OF CALIFORNIA, DESCRIBED AS _______________________________________________________________. THIS STATEMENT IS A DISCLOSURE THAT THE ABOVE-DESCRIBED PROPERTY IS LOCATED IN AN AGRICULTURAL PRESERVE AND IS RESTRICTED BY A WILLIAMSON ACT CONTRACT IN COMPLIANCE WITH HUMBOLDT COUNTY CODE § 2161-1 ET.SEQ. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER (S) OR ANY AGENT (S) REPRESENTING ANY PRINCIPAL (S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY LEGAL INFORMATION ON THE WILLIAMSON ACT THE PRINCIPAL (S) MAY WISH TO OBTAIN.
The Seller/Transferor discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER (S) AS REQUIRED BY THE COUNTY OF HUMBOLDT, AND ARE NOT THE REPRESENTATIONS OF THE AGENT (S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
1. The subject real property is located within an Agricultural Preserve and is subject to a Land Conservation Contract entered into between the owner(s) and the County of Humboldt pursuant to the California Land Conservation Act of 1965 (the Act) (Cal.Gov. Code Section 51200 et seq.), also known as the Williamson Act.
2. The contract runs with the land and creates an enforceable restriction on the property under provisions of the Williamson Act, the County’s Williamson Act Guidelines, the County’s Resolution Establishing the Agricultural Preserve and setting forth Uniform Rules and Compatible Uses, and the Land Conservation Contract, as same are from time to time amended.
3. The Williamson Act and local regulations require that the subject property continue to be used for the production of agricultural commodities for commercial purposes and uses compatible with agriculture, and must meet the minimum land size and production requirements for participation in the County’s Williamson Act Program.
4. Existing provisions of the County’s Williamson Act Guidelines require that all successors in interest to an owner that are not the original signatory or that have not obtained the property through a family transfer, and that have not initiated non-renewal, shall enter into a new contract with the county enforceably restricting said land pursuant to the Act and the county’s Guidelines. (See Section 8 C (6) (a) and (c) of the County’s Guidelines).
5. To learn more about the County’s Williamson Act Program or this statement, please contact Community Development Services – Planning Division at 707- 445-7541.
The disclosure statement as set forth above shall be made a copy of, or be attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property, or in the event the form is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. The seller should retain a copy of the signed disclosure as proof of compliance with this section.
I/we certify that the information contained in this document has been provided to the Buyer/Transferee as of the date signed below:
I/we, acknowledge receipt of a copy of the following items and this statement by signing below:
☐ Humboldt County Williamson Act Guidelines*
☐ Standard copy of County’s current Land Conservation Contract*
☐ Copy of Seller’s Existing Land Conservation Contract
☐ Standard copy of Uniform Rules and Compatible Uses*
☐ Current copy of Notice of Nonrenewal Procedures and Fees*
*Documents are available on the County website at: www.co.humboldt.ca.us/planning.
(Ord. 2356, § 1, 1/3/2006; repealed and reenacted by Ord. 2367, §§ 1 & 2, 7/25/2006)