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Home My WebLink AboutDEED RESTRICTION - PLADM19-0001 WESNER FAMILY TRUST 038-190-046 2019-05-31When recorded return to: County of Butte Department of Development Services Building Division 7 County Center Drive Oroville, CA 95965-3397 SECOND DWELLING UNIT DEED RESTRICTION I. WHEREAS, on this May 13, 2019, WESNER FAMILY TRUST, hereinafter referred to as Owner(s), is the record owner of the following real property 8970 STANFORD LN, DURHAM, CA 95938, (APN: 038-190-046) and as further set forth in Exhibit "A" attached hereto and hereby incorporated by reference, hereinafter referred to as "the subject property"; and II. WHEREAS, Building Permit No. PLADMI9-0001 was applied for on 05/06/2019 by the owner in accordance with the provisions of the Butte County Code and the California Building Code; and III. WHEREAS, the use allowed by Building Permit No. PLADM19-0001 has been reviewed and approved as a Second Dwelling unit; and IV. WHEREAS, Section 24-172(1) (Occupancy) of the Butte County Zoning Ordinance conditions the occupancy of the primary and secondary dwelling units as follows: the owner of the parcel developed with a second unit shall reside in either the primary dwelling or the second unit, and V. WHEREAS, it is intended that this Deed Restriction and Notice of Limited Use Facility shall constitute an enforceable restriction and remain in effect until a change in use or law has occurred, either of which change allows the use otherwise restricted herein to be conducted on the real property described herein. Under either circumstance allowing such change in use, Owner shall be entitled to have this Deed Restriction and Notice of Limited Use Facility rescinded by the execution of a subsequent document Peter Calarco lY Assistant Director 1 entitled Rescission of Second Dwelling Unit Deed Restriction by the Director of Development Services; and NOW, THEREFORE, with the issuance of Building Permit No. PLADM19-0001 to Owner by Butte County, Owner hereby affirms Owner's desire to develop a limited use facility, which establishes occupancy restrictions on the dwellings. The undersigned Owner, for himself/herself and for his/her heirs, assigns, and successors in interest, acknowledges and agrees to the restrictions. This deed restriction and notice of occupancy restrictions shall remain in full force and effect during the period that this permit, or any modification or amendment thereof, remains effective, and during the period that the development authorized by this permit, or any modification of this development, remains in existence in or upon any part of, and thereby confers benefit upon, the subject property described herein, and to that extent, this deed restriction and notice of limited use facility is hereby acknowledged and agreed to by Owner to restrict the use and enjoyment of this limited use facility and shall be binding on Owner and all his/her assigns or successors in interest. This document shall be recorded and returned to the Butte County Department of Development Services, Building Division prior to the issuance of Building Permit No. PLADM19-0001 consistent with the requirements of 24-172(N) of Butte County Code. DATE: 120 Owner Signature: Owner Signature: Peter Calarco Assistant Director Print or Type Name of Above Print or Type Name of Above NOTE TO NOTARYPUBLIC: If you are notarizing the signatures of persons, signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF BUTTE W, Public, personally appeared before me, SS. Notary , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Peter Calarco Assistant Director A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Peter Calarco NU/ Assistant Director This is to certify that the Deed Restriction set forth above is hereby acknowledged by the Director of the Department of Development Services and that Butte County consents to its recordation thereof. Dated: ✓t zlv LWOZ Peter Ca ar o, Assistant Director Department Development Services A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA SS. COUNTY OF BUTTE On M^V 31 "iej before me, Vim Public, p rsonally appeared --PerE Gv ac I L L-Al Notary , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Peter Calarco Assistant Director KIM MCMILLAN Notary Public - California Buttecounry Commission r 2206018 My Comm. Expires Au91Q 2021 ' (Seal) Si at e Peter Calarco Assistant Director KIM MCMILLAN Notary Public - California Buttecounry Commission r 2206018 My Comm. Expires Au91Q 2021 ' (Seal) EXHIBIT "A" Parcel 1: a® whowh on thn curtain Poxcal Ksp f iiod 10 the 0MCO of ter+. Rec Qrdarr County of Sanaa St4te Of COLifcrALA, duly 14, 1071F in Book 62 of Maki at Page 36