Williamson Act Contract

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To enter into a Williamson Act contract, the following requirements apply for contract signatures:

• 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.

You must apply online through San Joaquin County’s Online Permitting System. First time users will need a valid email address to set up an account. It takes about 5 minutes to create a new account.

Step 1: INITIAL CONSULTATION

Applicants are encouraged to consult with Community Development Department staff prior to submittal of an application. 

Step 2: SUBMIT APPLICATION

1. Indemnity Form with signatures from all property owners

Step 3: APPLICATION ACCEPTED

Planning staff will review your application for acceptance. Once accepted, you will be sent information regarding payment of the appropriate fee through the Online Permitting System and via email. The current fee schedule is linked in the column to the right. In addition to fee payment, the following items must be submitted to the Community Development Department staff to complete review of the application:

1. Contracts: 2 original signed copies of the short form contract. The blank contract is attached under the "Documents" section. The contract must be signed by all parties, as described in the "Contract Requirements" section.
2. Title Report or Lot Book Guarantee: 1 copy of a current preliminary title report or lot book guarantee for the property. The report must be issued within the 6 months prior to application.
3. Legal Descriptions: 2 copies of the legal description of the property.

Step 4: FEE PAYMENT

The following forms of payment are accepted:

1. Credit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies. 
2. Debit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies.
3. Check: Payable in person at the Planning Counter. Checks must be made payable to "San Joaquin County Treasurer."
4. Cash: Payable in person at the Planning Counter.

A Williamson Act contract application shall include all documentation, maps, or other information required by the Zoning Administrator. Williamson Act contract applications may be filed concurrently with an application to establish or alter an Agricultural Preserve designation.

1. Location Within Agricultural Preserve: A parcel for which contract status is sought must be located within an Agricultural Preserve.
   
2. Minimum Parcel Size:
   
   • The minimum size parcel of prime agricultural land that qualifies for a contract is 40 acres if the land is classified by the U.S. Department of Agriculture Natural Resource Conservation Service as prime farmland, farmland of statewide or local importance, or unique farmland.
     
   • The minimum size parcel of all other agricultural land that qualifies for a contract is 80 acres.
     

In addition to the requirements for Williamson Act contract, parcels included in a Farmland Security Zone contract (20-year contract) must be located within a Farmland Security Zone.