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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
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Bob Beeler,'Chairman
Butte County Board of Supervisors
ATTESTED:
Paul McIntosh
Chief Administrative Officer
and the Clerk of the Board
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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.
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~ ; ; .~.' Dated:
R. .Beeler, Chair of the
Butte County Board of Supervisors
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ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
and Clerk of the Board ,r~
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` By ~ Dated:
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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
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