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Home My WebLink About027-010-087,. ,: _ _ ;' �,: ,� v ." _ � __ ,; .� a- _ t.. ..' >s � ... � � s -. �. � � �. ,. .. _ ,, i�adw ... - �.,_ _ ,.... ... ._ .- __ .. V` t , r ' , P t !�! r �, E � - •I �� : a ; � ,�y � 1 >i. �t�y +' Y 1 � .� �,wit;•.., ' x tp � �t r' it .,, k'• La ' t ,,,. � 1 .x- �;ra.h:51tL6 1. p11 tt;X�-.L xtt�.,,.a,i.�:.Jli �P ,I•� ..Lf.i'.J.f. ,..'�:,�_ WE ARE TRANSMITHNG VIA ��IAIL ^.x HAND CARRIED NO, OF ITEMS DESCRIPTION FOR 1 copy Federal. Land Bank -Sc ohr Agreement Your use. 1 copy Easement leap tlY a f O7E"' meq: Office of Planning and: Resech m 7Et�St� Butte County 1400 Tenth Street, Foo�xi 1?.1 Punning Department Sacramento, CA 95814 7 County Center Drive JUL 6 1981 Oroville, CA 95965 or x County Clerk CANDAC'S J. GR06U5. 044 Go. Cie,k County of Butte By .. tom-M a^ry STJ13_ zC'T :tiling of Notice of Determinatloo in compliance with Section 21108 or 21152 of the Public Resources Code. ,Project Title Name Tentative Waiver Applioatiort, 2l. ]., $ , etc. Doug Schohr — — - N TPlephona Number State Cleari.ngizouse Number Contact Person 5 (if submitted to Clearinghouse) Public Warks John Mendonsa 538-7266 Project Location 2J 'miles Baste of Faris Road and both sides of the road, Gridley area. Project Description Tentative Waiver Application to divide 7802.5 acres to create one parcel of 1.582± acres with a remainder of 6220.5 acres. This is to advise that :he �3, atte County Lgead Ancyrki or Respons�� ( �, It ligancy) has approved the,above-described project on June 29, : 297 and has made (Date) F the following determinations regarding the above-described project. project will, X will tot, have a sign 1icant effect on the 1. The ' environment, 2. An Environ-nental Impact .Report war prepared for this project pursuant to the provisions of CEQA• X A Negative Declaration was prepared for this project pursuant to the _ provisions of CBQA. 3. Mitigation measures were, X were not, made a condition of the approval of the project: 4. A statement of overriding considerations was, _Lwas not, adopted for this project. This is to certify that the final ETR with comments and responses, and record of project approval is available to the general public at: Butte 'County Planning Department 7 County Center Drive Oroville, CA 95965 / Date Received for Filing and Posting at OPR4,ri�'-na St'e.hen A. Streeter Senior Planner Title ' Revised March 1986 WWWWOM i XA S 1 AGREEMENT T This Agreement is entered into by and'between; the FEDERAL, LAND HANK OF SACP_zltENTO, 'Hereinafter referred to as r" Bank",, EL14A SCHOHR INC., a California corporation; and ,. DOUGLAS SCHORR and wTEAy, SCjj()HR, (hereinafter referred to collectively as "$chohr") , who do agree for con s.i.derat cin which is hereby stipulated to be adequate and to have been received upon execution of this Agreement as follows: 1:0 Definitiorts! 1.:1 As uscrd herein, the "Funk property'" shall mean that real property (Described in Exhibit ".A" attached hereto and i-icluaed herein P.Ls if set forth in full. 1.2 As used herein, "the Schohr property" shall refer to that certain real property described in T�'xhib t "B" attached hereto and included, herein. That property is ria E�rI bed, , the Tieadquarters l and the Rer,;zt.ineer o Pawce14 1 &4;f� the limits of those respective areas being :A p L ;; . shown upon E:hibi As used herein the phrase '" the Schohr property" shall refer to the Headquarters P --j 0. together with the Remainde Parcel l making up the Schohr Property,. 5/27/87 �16Ii %Roelrc+Y-..•sl !^*.._P .,.J. r _ "5i y-Rrrrr�irr+..*r..-..✓„r.7 r I a� {° 1 , 3 As used herein,, the "Schohr Farms property' yr certain real property described in shall resLEer to that ce Eahi�> t C attached n r .�..� ....�.. ereto and incliadPd: herein as if set: forth in full. 1;4 Each of the properties and their approximate boundaries and locations is shown upQn Exhibit "D'F attached hereto and included herein as iy set forth in full. Exrhibit$ p'D” further denominates certain portions of the propexty referrCa to as the Schehrproperty as the headquarters a-t—e, Prhi►Ce. the site of the dam•', and the Remainder Prope' Noi Z, 2 0 This Aga, eement shall become effective upon the date G r of recordation of this Agreement. Such recordation shall occur Simultaneous with the closing of the 'purchase pursuant to an option To Purchase betweenELNA SCFToHR, INC. and DOUGLAS SCHOHF and ALMA JEAN ScHon, and is conditioned upon w such closing- If such closing shall not occur and this Agreement should not become effective, notching contained herein shall be deemed to be a covenant by Banc or recogni- tion by Bank: of any rights of Sct' Ohr or Schohr Farms in any property of the Bank and this Agreement and its tee's may not be admitted or -submitted' into evidence or used direttIly or indirectly in any jtadicial, administrative or arbitration proceeding hereafter, its terms being solely an offer t r �2r 6/27/87 rr M „ .. -�.f ..-.»mrn ,:-+M.., ..ice.”"'y; ., W"Z...:"� °i:`M e ..-,°-T•-.ir^+:t•,f+�.(,M.-....,_.....-.,-+.,..:-„-„„.s.,._....-. i settle and compromise certain disputed issues between the parties provided that,, and on the condition that,, the option to purchase is consummated by Schohr and Bank: x ' 30 This Agreement and the covenants provided herein. shall constitute a covenant running with the land described in Exhibit "A"' as Bank proper y and Exhibit "B a$ Schohr property„ and Lxhibit "C", to the extent referred to in this Agreement as the Schohr Varms property. The terms and provisions of this Agreement are hereby stipulated by all parties to meet all of the requirements of a covenant running with the land under the laws of the State of California,: benefiting and burdening each of the respective parcels and LAnding upon the successor owners, holders of interest or occupants thereof or any portion of the respective property. If for any reason this Agreement may not be enforceable as a T covenant running with the land whether on the date of making of this Agreement or because of subsequent events, this Ag:-ement shall be enforced as an equitable servitude and shatl bind the accessors, occupants ;:nd users of each of the respective parcels described in txhibits "A", °`B" or "C" and each portion thereof: 3.1 The division of any of the property Shall not bar the enjoyment or the obligation to perform under the _3_ 6/27/$7 �. , ea . a ieti uv r 1 r• ,. - . �., ..,,.+...�,.,hn++i++—..—*--tri iI ,ice ,M '.. terms and pro'v,isions cif this Agreement. Each part -y• holding an interest in the divided property subject to this Agreement shall be equally bound, to comply with the terms and. pro- r vision: of the Agreement. if' the division of the property shall make the enforcement of the Agreement against,, or relating to the use of, the divided property moire burdensome in any regard, the parties holding the title to the divided parcel shall pay such additional costs incurred by all other Parties as a result of such division. 1 3.2 If any 'party prior to the division, or trans- fer, whether the trans;far'be voluntary or involuntary put5u- ant to Foreclosure, bankruptcy or any other insolvency proceeding, shall be in 'default under the terms and pro- visions of any portion of this Agreement, the successor owner or holder of an interest in the property shall be equally bound and .liable for the costs,.,eXpenses, attorney's fees or other liability iAcurred by the previous owner or holder of an interest under the terns and provisions of this Agreement and the successor shall not be entitled to any benefits under Lthe terms of this Agreement until such damages, accrued costs, expenses or other obligation has been satisfied in cull. Such bar to the enjoyment of benefits under this Agreement shall not be the sole and exclusive remedy -4- ,6'/ 2 7/ 8 7 4,6;/27%87 7r1 k y, i .. „, tiµ` a"!r"""m" M -.».•.Y -M wR! available to the other parties under the terms 'and�prov,sIons of this Agreement and the may y y commence either civil actiarl or any other remedy provided under this Agreement or by layv against the predecessor owner/ and/or the successor owner or holder of an interest to enforce the terms and provisions of this Agreement. 4.6 Grants Of Easements 4.1 Road Prom Neadauarters To Bi s -Afton Road Bank hereo�- y grans in favor of the Schohr property described in Exhibit "B"t a non-exclusive easement and right to use for roadway purposes, that certain roadway extending from the Headquarters in a northerly direction to%the Biggs -Afton Road"' ,,- ,haven on Exhibit 'p::nd labelled "Road From Headquarters To Biggs -Afton Road". The use of this roadway shall be for vehicular and pede-strian purposes of ingress and egress from and to the Schohr property and shall be conducted in a reasonable fashion so as not to block such roadway, so as not to rause Unreasonable rutting, overloading or damage to the roadway, culverts, bridges and other improvements maki.Ig up the roadway. Schohr and itR successors may not assign, transfer or grant permission to enjoy such right of way to any other party other than tenants, employees, independent contractors, agents or ocher partias of Schohr and his 6/27/$7 AI'�4�� i - •IMIR41�f.Rp.Im�.. ~� __..� -tl°` »,,.,., ,a+f4--n-.M_,.h .A.... _.. successors utilizing succi roadway for purposes related to the use and enjoyment of the Schohr property. 4=2 Bank reserves the right to relocate and realign ;such roadway and t,j provide for gates at orae or more locations along such roadwa+ Providing keys and combinations to Schohr.. The gates so located upon and across the road. from the Headquarters to the Biggs Afton Road may be located s " at the entrance of the road from Biggs Afton Road and at the point of entrance upon the road from the Headquarters. Gates shall be located across the road at other locations only if r. the gate is reasonably necessarto o' Y provide fr control over entrance upon land owned by a party other than Bank,:.. which ownership �. _p is located between the Headquarters and Biggs Afton Road. 4.3 Road Frr,,-. And Ti7rough HeadvuartersT,a .And Across Cherokee Canal To The Easterly Boundary Qf RIt;niitder O', Parcel No; 1. (Hereafter "Bead uarters To Gridley-Colusa Hiahway Rc4 �` d ) 5chohr and Bank agree that they shall jointly possess and hold a npn-e?clusive.right to utilize and an easement for purposes of ingress and egress for pedestrian and vehicular purposes, and for purposes of tili;y easement use bosh above and under the ground, including under5round Pipelines for the conveyance of water) gaA, fuel and other 6/27/87 hydro carbons, on that certain roadway, shown upon Exhibit "b" as extending) from Point E (the point where the "Biggs Afton to Headquarters Road commences) through the Headquarters r area/in a southeasterly direction exiting the 8eadquaarters paw-rel near Point F and extending therefrom across the Cherokee Canal or strip and R. D. 833 canal and thence across the parcel referred to as "Rerr�a?nder"Parce] No 1„ ' ,s*��.u.� i n a �Idire&tion and extending to the Gridley-Colusa Highway along the alignment shown onExhibits '1DjJr,� 0u h r easement and roadway shall be sixty (60) feet in width and utility use shall be permitted under such roadway or adjacent thereto or through overhead facilities located upon the easement but not interfering w.-Lth the travelled way. The center line of such roadwa is described ExhabitejE- attach��d he��eto and included herein as if�� "`"" -'* .� —__ set Orth n fL the road and^ uti`Sty easement ea:tesx-ing-i-y---.�-^G--ree..o.n vs4azb` x •r, ��^w#�1��`� -each side of � center ln�;. That linE described in �¢ Exhibit "E- ' represents the property line between Bank and arthe Schohr Property between Point E and Poing E. " phis ,t Y roadway � easement shall be shared by and utilized by the owners, occupants, tenants, agents,invitees em sployees and independent contractors upon the property of Bank, the Schohr Property and the Schohr Farms Property, 6/2/87