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HomeMy WebLinkAbout03-039~o~~a. ~F su~~v.~~o~s 4 1Y1 t~~+lTY Q~ ~~%~'TE. S''/~''~.;.~~ ALIF01~1`ti~ RESOLUTION N0. 03-039 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DIRECTING DEMOLITION OF EXISTING STRUCTURE AND AUTHORIZING RECORDATION OF PERMANENT DEED RESTRICTION ON REAL PROPERTY PARCEL # AP 047-440-014, IN COMPLIANCE WITH FEDERAL REGULATIONS WHEREAS, on December 29, 1998, Pursuant to the Hazard Mitigation Grant Program, the Federal Emergency Management Agency approved a grant in the amount of $152,250 to purchase a historically flood-prone parcel of property within the County of Butte described as PARCEL 3 , AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JANUARY 13, 1979, IN BOOK 63 OF MAPS, AT PAGE (S) 78 AND 79; AP#:047-44U-O1~-000; further described as 13898 Highway 99, Chico, CA; and WHEREAS, on October 19, 2000, the above referenced property was conveyed by Richard and Patricia Eachus to the Board of Supervisors of the County of Butte; and WHEREAS, the conveyance of the above referenced property was approved by the Board of Supervisors on September 20, 2000, and the Chair of the Board executed an acceptance of the above referenced property on January 25, 2001; and WHEREAS, $20,000 of the above referenced $152,250 grant has been retained by the County of Butte to demolish the existing structure on the above referenced property; and Page 1 WHEREAS, federal regulations require that properties acquired pursuant to the Hazard Mitigation Grant Program from which structures are removed be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices, that no new structures be built on such properties unless they are: (1) public facilities open on all sides and functionally related to open space or recreational use, (2) restrooms, or (3) structures that are compatible with. open space, recreational, or wetlands management practices and approved by FEMA's Director in writing prior to construction, that any structures built on such properties be flood proofed or elevated one foot above the Base Flood Elevation, that no application for federal disaster assistance be made for any purpose with respect to such properties to any Federal entity or source, that no Federal entity or source shall provide such assistance, and that a restrictive covenant be recorded which encumbers such properties in accord with the above restrictions. NOVA', THEREFORE, BE IT RESOLVED, that: 1. The Board of Supervisors hereby directs that the existing structure on the above referenced property be demolished forthwith; and 2. The Board of Supervisors hereby authorizes the Clerk of the Board to record the attached Deed Restriction, encumbering the above referenced property in accord with the above referenced federal regulations, in the office of the County Recorder forthwith. Page 2 PASSED AND ADOPTED by the Board of Supervisors of the County cf Butte, State of California, on the 11th day of March 2063 by the following votes: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES : None ABSENT :None NOT VOTING : None ~ '~ ii' /'~ Bob Beeler,'Chairman Butte County Board of Supervisors ATTESTED: Paul McIntosh Chief Administrative Officer and the Clerk of the Board `~ i ~ r g:Aresolution\DF F.D RE S'SRTCTION Page 3 attachment DEED RESTRICTION The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational , or wetlands management practices. No new structures will be built on the property unless they are: (1) public facilities open on all sides and functionally related to open space or recreational use, (2) rest rooms, or (3) structures that are compatible with open space, recreational , or wetlands management practices and approved by FEMA's Director in writing prior to construction. Any structures built on the property will be floodproofed or elevated one foot above the Base Flood Elevation. No application for federal disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or source will provide such assistance. 5 ~ ; ; .~.' Dated: R. .Beeler, Chair of the Butte County Board of Supervisors p ktLl' ATTEST: PAUL McINTOSH, Chief Administrative Officer and Clerk of the Board ,r~ >~ ;` ` By ~ Dated: ,,rr~ g:\chriSlrm projects\deed restrict n •~ #~ s ~ ~Y~t ~~ DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JANUARY 13, 1979, IN BOOK 63 OF MAPS, AT PAGE(S) 78 AND 79. AP#: 047-440-014-000 g'~chrislrm projects\description