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HomeMy WebLinkAbout2174ORDINANGL.NO. 2174 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OP CALIFORNIA, A "PA-C" (PLANNED AREA CLUSTER} DISTRICT, PURSUANT TO CHAPTER 24-29. 1 The Board of Supervisors of the County of Butte, State of ~ Galifornia,...under.and p.ursuant.to Chapter Z4-2.9.. of the. Butt. Gount.y 3 Code of sand County DO ORDAIN as follows: g SECTION 1. The hereinafter described area situated in 5 the County of Butte, State of California, shall be and it is hereby g zone d, as a "PA-C" (Planned Area-Cluster} District, and such area 7 sha11 be subject to the restrictions and restricted uses and re- g gulations pursuant to Butte County Code Section 24-125. g Said area so zoned being located in the unincorporated lp area of Butte County, Chico, more particularly described as follows: I1 A11 that certain real property situate in the County of Butte, State of California, described as follows: 12 Parcel One: Being a portion of Sec. 4 and 5, T21N, 13 R2E, MDB~A1, described as follo~+rs: 14 CDAMIENCING at the U. S. Survey c~uartex Sec. carnet between Sections 5 and 32, T21N and T22N, R2E, 15 MDBFA~; thence along township line N $9° 37' E 2665.00 ft. to a stone at the U. S. Survey corner lg of Sections 4, S, 32 and 33, said townships; thence along Section line between said. Sections 4 and S, 17 S fl,R~° 20' W 334.70 ft. to old fence; thence along said old fence [being the southerly line of the 18 property now or formerly awned by Lyman Stephens) following its various meanders, on the following 19 courses and distances: N 73° l4' E 104.80 ft.; thence S 84° 32' E 327.65 f t.; thence S 81° 00' E, 20 416.50 ft.; thence S 40° 50' E 567.70 ft.; thence S 30° 27' E 89,80 ft.; thence S 7° 26' W 197.80 ft.; 2L thence S 50° 35' E 133.50 ft.; thence S 48° 10' E 15b.20 ft.; thence S 52° 56' E 94.40 Ft.; thence S 22 59° 35' 1; 120.20 ft.; thence S 68° 11' E 68,80 ft.; thence N 89° 24' E 207.80 ft.; thence S 89° 30' E 23 64.40 ft.; thence S $3° 18' E 533,50 ft.; thence N 9° 14' E 70.40 ft.; thence N 83° 34' E ].54,70 ft. to 24 intersection with she north and south centerline of said Section 4, at a point 1415.00 ft., S 00° i0' W ~ from the c{uarter Section corner in the N boundary line of said Section 4; thence continuing along said 28 old fence as follows: N'85° 07' E 143,00 ft:; thence _1_ 1 2 3 4 S 6 7 8 9 10 ~.I ~2 13 3.4 15 1B i7 18 is 20 2]. 22 23 24 25 2B N 81° 24' E 44.75 ft.; thence N 73° 59' E 49.80 f t.; thence N 68° 22' E 112.10 ft.; thence N 72° 45' E 588,45 ft,.; thence.N 69°.S,D' ~ 245.D0 fit.; thence N .. .-. .. _ . .....81°..33t_~__._fi.8.,.4.5_ f~t_,_; thence__N .85° 39.t_E .62.7A_.ft...;. _ thence N 75° 44' E 73.5D ft.; thence N 65° 29' E 205.80 ft.; thence N 68° 49' E 146.10 ft.; thence N 53° 33' E 65.90 ft.; thence N 65° 31' E 1D0.0 f_t.; thence N 82° 54' E 197.90 ft.; thence N 77° 26' E 128.50 ft.; thence N 85° 05' E 195.50 ft.; thence S 73° 00' E 71.40 ft,; thence N 46° 46' E 354.08 ft, to intersection with line between Sections 3 and 4, T21N, R2E, MDB~M, at a point, (7.90 chains) ar 521.40 ft,, S OD° 03' E from the corner to Sections 3, 4, 33, and 34, T21N ~ T22N, RZE, MDB$M,; thence along line between said Sections 3 and 4, S 00° 03' E 217.6D ft. to intersection with the centerline of Butte Creek, as the same existed in 1884 and 1885; thence along said centerline of sand Butte Creek, as the same existed in the aforesaid years of 1884 and 1885, (as deter- mined by sworn evidence of old pioneers, resident at that time), (and being the northerly line of the property now or formerly o~med by William Bidsworth and Parrott Investment Company} on the following courses and distances: S 53° 55' W 216.00 ft.; thence S 56° 40' W 425.OD ft.; thence S 53° 5D' W 175.00 ft.; ', thence S 62° 1D' W 574.00 ft.; thence S 49° 25' 1h' 263.DD ft.; thence S 52° 35' ~"d 279.0 ft.; thence S 53° 45' W 500.00 ft.; thence S 48° 36' W 666.DD ft,, to intersection 11Tith the E and W centerline of-Sec. 4, at a point 2504.30 ft., W of the quarter-section corner in E boundary of said Sec. 4; thence continuing along aforesaid centerline of said Butte Creek, S 48° 36' W ZD0.00 ft. to intersection with the N and S centerline of said Sec. 4 at a point, 269D,20 ft. 5 QO° 1D' W from the quarter section corner in the N boundary of said Sec. 4; thence continuing along said centerline of said Butte Creek, on the following courses and dista~xces: S 87° 30' ~~~ 812.00 ft,; thence S 68° 00' W 435.00 ft.; thence 5 85° 00' W 725.00 ft.; thence S fi5° .30' W 50D.00 ft,; thence N 76° DD' ~,1r 71D.D0 ft,; thence N 41° 00' ~~V 500.00 ft.; thence N 75° 00' W 350.0 ft.; thence S SD° 00' W 5DD.00 ft,; thence S S8° QO' W 25D.OD ft.; thence S 25° 00' W ZDO.DO ft.; thence S 13° DO' W 45D.D0 ft.; thence S 58° 42' W 145,16 ft, to the intersection with the northerly line of the right~of-way of the Butte County Railroad, (Southern Pacific Company); thence along said northerly line of said right-of-way of said Railroad N 75° 11' W 400.0 ft. to the southeasterly carnet of lands of the United States Government, generally known and designated as the United States .. 2 - 1' 2 3 4 fi 8 7 8 9 10 11 12 13 14 15 1B 17 18 19 20 21 22 23 24 23 2B Plant Introduction Gardens, said corner being situated in the easterly line of Old Washington Renshaw Tract, designafi.ed,by _the United States Sur.veyax. General. as ~,at No 40 of ..T2IN.,..R2.E, .MDBF~M.; thence along easterly boundary line of said Wasliin- ton Renshaw Tract, N 12° 2D' W 7DI.80 ft. to inter- , section with the N and S centerline of Sec. 5, T21N, R2E, MDBFM; thence along said N and S centerline of said Sec. 5, N 00° 2I' 3~V 2609,04 ft. to the place of beginning, as surveyed by B . L . P~cGoy, State ` I.i.censed Land Suxveyor, March 1926. EXCEPTING THEREFROM, HOWEVER, The portion thereof, there~n~for-e, conveyed to Donald Hale and Alice Hale, husband and wife, by Deed of record in Baok 1?9, of Official Records, at Page 264, Records of Butte County, California, particularly described as follows: COMMENCING at the U. S. Survey quarter Section corner between Sections~,5 and 32, T21N and T22N, RZE, MDB~M; thence along toVmship Iine N 89° 37' E 2665.00 ft.: to a stone at the U. S. Survey Corner to Sections 4, 5, 32 and 33, said townships; thence along Section Tine between said Sections 4 and 5, S 00° 2D' 1~1 334.70 ft. to old fence; thence along said oId fence, (being the southerly line of the property now or formerly owned by Lyman W. Stephens) following .its various meanders, on the following courses. and d.istance,s N 73° I4' E 104.80 ft,; thence 5 84° 32' E 327.65 ft.; thence S $1° 00' E 416:50 ft.; thence S 40° 50' E 567.70 ft.; thence S 30° 27' E 89.8(3 ft.; thence S 7° 26' W 1.77.80 ft.; thence S 50° 35' E 133.50 ft.; thence S 48° 10' E 156.20 ft.; thence S 52° 56' E 94.40 ft.; thence S 59° 35' E 12D,2D ft,; thence .S 6S° 11' E 68,80 ft.; thence N $9° 24' E 207.80 ft.; thence S 89° 30' E 64.40 ft.; thence S 83° 1$' E 533.50 ft.; thence N 9° 14' E 70.4D ft.; thence ri~ 83° 34' E 154.70 ft. to intersection with the N and S centerline of said Section 4 at a point 1415.00 ft. S 00° 10' W from the quarter section corner in the north boundary line of said Sec. 4; thence continuing along said old fence as follows: N S5° 07' E 143.00 ft.; thence N SI° 24' E 44.75 ft.; thence N 73° 59' E 49.80 ft.; thence N 68° 22' E 112.10 ft.; thence N 72° 45' E 588.45 ft.; thence N 69° 50' E 245.D0 ft.; thence N 81° 33' E 68.45 ft.; thence N 83° 39' E 62.70 ft.; thence N 75° 44' E 73.5D ft.; thence N 65° 29' 205.80 ft.; thence N 68° 49' E 146.10 ft.; thence N 53° 33' E 65.90 ft.; thence N 65° 31' E 100.0 ft.; thence N 82° 54' E 197.90 ft.; thence N 77° 26' E 128.50 ft.; thence N S5° 05' E 19S.S0 ft.; thence S 73° OD' E -3- 1 2 3 4 fi 6 7 8 9 10 1]. 12 33 l.4 13 16 17 18 19 20 21 22 23 24 2B 71.00 ft.; thence N 46° 46' E 554.00 ft. to inter- section with the line between Sections 3 and 4, _... _ T2IN,....R2E, .MDB.~M, at a point..{.7...90 chains) ,...or... 5.2.1...4.0 ...... ft.;.~ .. 5.. 0.0~_, D3~r ..E..f.rom t.he. coxns~ .ta. S~ct.i.on~s....3_ 4. ?~4DB~I+~I; thence aloe 33, and 34, T2IN and T22N, R2E, g line between said Sections 3 and 4, S DO° 03' E 217.60 ft. to intexsection with the centerline of Butte Creek, as the same existed in 1884 and I885; thence along said centerline of said Butte Creek, as the same existed in the aforesaid years of 1884 and 1885, {as determined by sworn evidence of old pioneers resident at that time), (and being the northerly line of the property now or formerly oirmed by William Bidsworth and Parrott Investment Company) on the following courses and distances: S 53° 5S' W 216.00 ft.; thence S 56° 40' W 425.00 f t,; thence S 53° 50' W 175.00 ft.; thence S 62° IO' W 574 ft.; thence leaving last mentioned line, S 87° S4' 'rV 4D2.7 ft. to a point on the easterly edge of the dredger tailings; thence along the easterly and northerly edge of the dredger tailings as follows: N 22° OD' I'V 150.00 ft. ; N SS° 00' IV 200.0 ft. ; S 72° 00' bV 280.00 ft.; S 78° 00' W 235.0 ft.; S 81° 20' W 250 .0 ft . ; S 75° 15' W 55. 0 ft . to a point on the N and S centerline of said Sec. 4, 5 0° 10' W 1504.00 ft. from the N quarter corner thereof; and continuing south 77° OD' W 59.0 ft.; S 59° 30' IV 25$.0 ft . ; S 73° 30' T+1 115. D ft . ; N 83° 30' ter 580.0 ft . ; S 85° 3D' W 340.0 ft.; N IO° 30' E 161.0 ft.; N 6l° 00' IV 705.0 ft.; N 89° DO' W 148.2 ft.; S 58° DO' W 285,.0 ft.; N 86° 30' S~V S12.0 .ft.; S 66° 00' W 263.0 ft,; S 7° 0D' tiV 299.8 ft. ; S 8.5° 00' I+~' 395.0 ft. ; N 45° 00' W 304.2 ft.; N 71° 00' W 372.D ft.; S Sl° 00' W 434.5 ft.; N 68° 00' W 244.0 ft.; S 79° 36' I'V 235.4 ft ..; S 45° 39' I~V 169.0 ft.; S 00° 2I ` E 220.9 ft. ; S 89° 39' W 293.2 ft.; N DO° 2I' W 1686.0 ft. to the point of beginning, ALSO EXCEPTING TIIEREFROA4 the following described parcel of land: COMMENCING AT the Section corner common to Sections 32 and 33, T22N, R2E, and Sections 4 and 5, T21N, R2E, A~~DB~b4; thence along the township Iine N 89° 25' 32" IV a distance of 1855.41 ft. to the centerline of .the Skyway {1~A5 757 {1), said paint also being~Engin~er's Station 154±11.84 P.O.C.; thence in a southeasterly direction along the arc of a 1500 foot radius curve, concave sout}iwestexly through a central angle of 2l° 35 '31", an arc distance of 655.28 ft. to Engineer's Station 159+77.12 E.C.; thence S I8° 46' E, a distance =4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 of 822.88 ft. to Engineer's Station 168+00, and being the true point of beginning of the following described -..... strip .of ..Land,. being 80. £.eet_ ~n width. and Tying 4.Q ft.., measured a right angles, on.each side.of...the fal.l.owing.. described engineer's Centerline; thence continuing along said centerline 5 16° 46' E, a distance of 1500.00 ft. to Engineer's Station 183+00. P~~cel Two: A strip of land 40 feet wide extending dram the N Tine of See. 5, in T21N, R2E, MDBFM, to the southerly Line of the parcel of land described in the Deed from Johnston Rock Co., Inc., a corporation, and J, E. Johnston, a widower, to Donald Hale and wife, recorded in Book 179, of Official Records, at Page 264, records of Butte County, Califarnia, as excepted and described.in said Deed. Paxc~1. Thee: A strip of Land 60.00 ft. wide between tFe easterly and westerly right-of-way lines of the Skyway (FAS 757 (1), measured at right angles, 30.00 ft, on each side of a Tine, having a bearing of S 43° 49' W and passing through Engineer's centerline Stat~pn 179+63 of said Skyway. Parcel Four: The in Sections 3 and that certain deed dated August l0, of Deeds, at Page fornia, and being to-wit: so-.called Spanish Ranch situated 4, T21N, R2E, ~IDB~A4, as described in from Elise A. Drexler to C. H. Munro, 1914 and xecorded in Volume "160" 468, records of Butte County, Ca1i- more particular described as follows, Commencing at the intersection of the line between Sections 2 and 3, T21N, R2E, MDBF~M with the center- line of Butte Creek as it existed in 1884-1885, from t+*hxch point of intersection a n-a ii in nut pine 20 inches in diameter marked, B.M.B.T. on the southeast face bears S 51° 00' E distant 78.00 ft.; also the quarter section corner between said Section 2 and 3 bears S 1° 11' E distant 2289.00 ft.; also the corner to Sectians 2, 3, 34, and 35, T2lN and T22N, R2E, MDBFM, bears N 1° 11' W distant 212.00 ft.; thence meandering dawn the center of the old channel of Butte Creek as it existed in 1884-1885 on the following courses and distances: said courses being deflected from the true meridian ~~iag. Var. 19° E, N 50° 20' W 25.60 ft. to Station I, thence N 36° 25' W 84.90 ft. to Station 2, thence N 34° 30' W 155.90 ft, to Station 3, at the intersection with the line between Sections 3 and 34, T21N and T22N, R2E, MDB~M to a point N $9° _5_ 1 ~. 2 3 4 5 8 7 8 9 10 11 12 ].3 14 15 1B 17 1$ I9 20 21 22 23 24 26 2B 40' W 1,53.00 ft. distant from the corner to Sections 2, 3, 34, and 35, said to~mships, established by B, L, McCoy,. C. E,,._August,. 1..9.11; .thence...N 34° 30.' .W _. ... _..._41.10_ ~_t., .to...Stmtian 4; thence- N.44° .2.O.a W 23.5...,.5.0 .ft.. -. to Station 5; thence N 49° IO' l~! 221,00 ft. to Station 6, thence N 52° 30' ~d 159.00 ft. to Station 7; thence N 70° 40' W 461,00 ft. to Station $; thence N 89° 50' 1V 456.00 ft. to Station 9; thence S 87° 55' j4~ 584,70 ft, to Station 10; thence S 87° IO' W 205.00 ft. to Station I1; thence S 79° I5' ~tT 335.00 ft. to Station 12; thence S 76° 00' W 633.00 ft. to Station 13; thence 5 54° 35' iV 626.00 ft. to Station 14; thence N 80° 00' W 189.00 ft, to Station ~15; thence S 83° 05' ~~' 195.00 ft . to Station 16; thence S 70° 35' ~ti' 273 .00 ft. to Station I7; thence S 47° 45' W 297.00 ft. to Station i8; thence S 61° 30' ~'~ 292,00 ft. to Station 19; thence S 53° 55' W 470.00 ft. to Station 20, at iron stake at intersection with the line between Sections 3 and-4, T21N, RZE, MDB~M, at a point from which the corner to Sections 3, 4, 33, and 34 T21N and T22N R2E MDB€~M, hears N 00° 03' lY 739.00 ft. distant also quarter section corner between Sections 3 and 4 bears S 00° 03' E 1808.50 ft. distant; thence S 53° 55' W 216.00 ft. to Station 21; thence S 56° 40' ~Y q~25,00 ft. to Station 22; thence S 53° 50' W 175.00 ft. to Station 23; thence S 62° IO' W 574.00 ft. to Station 24; thence S 49° 25' W 263.00 ft. to Station 25; thence S 52° 35' W 279,00 ft. to Station 26; thence S 53° 45' W 500.00 ft, to Station 27; thence S 48° 36' W 666,00 ft, to Station 28, at intersection with the E and W centerline of Section 4, at a point 2504.3 ft. W of the quarter section corner between Sections 3 and 4, from which an iron bar in N and S centerline bears S 48° 36' t^J distant 200 ft. Said iron bar is 2690.2 ft. S 0° 10' ~~r of the a~uarter section corner on N line of Sec, 4, thence lY an half section line, 135.70 ft, to the center corner of Sec. 4 aforesaid; thence S 00° 10' W on N and S center- line of said Sec. 4, 271.50 ft, to point from which the quarter section carnet in N boundary of Sec. 4, T21N, R2E, MDBFM bears N 00° I0' E 2835 ft., thence along the line of the top of the Rack Fluffs farming the S rim of said Butte Creek Canyon an the following courses; N 88° 02' E 400.00 ft, to Station l; thence N 88° 02' E 78,00 ft, to Station 2; thence N 88° 02' ~E 100.00 ft, tv Station 3; thence N 72° 33' E 342,70 ft, to Station 4; thence S 88° 37' E 147.50 ft. to Station ~; thence N 7i° 47' E 302.00 ft. to Station 6; thence N 78°.17' E 525.00 ft, to Station 7; thence N 84° 40' E 432,00 ft. to Station 8; thence N 840 40' E 256.00 ft. to Station 9; thence N 71° 3"p' E 115.00 -G= 1 ft. to Station 10; from this Station 10 (in Section line} the quarter section corner between Sections 3 2 -and 4 y.- T2~.N, R2E, -A4DBFr~ ..bears S 00°. 03 S E_distant _ ... ~. _. .. ....._. _.._.1.50.:00_ ft.~ ~ __thenc.e...N~. g2e..::56!._E. ~lOZ~.0.0..ft.. ~a Station -....... 3 11; thence N 73° 55' E 312,00 ft. to Station 12, thence N 80° 52' E 514.00 ft. to Station 13; thence 4 N 66° 48' E'175,00 ft. to Station 14; thence N 57° 43' E 443.00 ft. to Station 1S; thence N 5?° 23' E 5 396.00 ft. to Station 16; thence N 43° 13' E 318.D0 ft. to Station 17; thence N 45° 28' E 436.00 ft, to g Station 18; thence N 55° 31' E ].30,00 ft. to Station 19; thence N 89° 27' E 155.00 ft, to Station 20; thence ~ S 60° 48' E 104.00 ft, to Station 21; thence S 64° 41' E 111,00 ft. to Station 22; thence S 16° 06' E 111.00 g ft. to Station 23; thence S 64° 45' E 754.00 ft. to Station 24; thence N 69° 04' E 328.20 ft,`to Station g 25; thence N 75° Ol' E 485,00 ft. to Station 26; thence N 60° S2' E 656.00 ft. to 5t at ion 27; thence N 80° I6' 10 E 140.00 ft. to Station 28; thence S 71° 17' E 245,00 ft. to intersection with line between Sections 2 and: 3, 11 T21N R2E MDBF~M, thence N 1° 11' W on line between Sec- tions 2 and 3, aforesaid 860 ft. to the place of be- 12 ginning, and containing 267 acres, more or less, according to the surveys of B. r.,. McCoy, State bicensed 13 Surveyor, Made in July and August, 1911, Excepting and excluding however, all that part of Lot No. 1 of 14 Sec. 4, T21N R2E MDB$M, ~ahich lies within the-exterior boundaries of the above described parcel and excepting 35 and excluding also from this grant all that part of Section 34, T22N R2E MDB~M k~hich lies within the ex- 1g terior boundaries of the above described parcel. 17 EXGEPTXNG THEREFROM the following described property: 18 Being a par d on of Sec. 3, T21N R2E MDBF~M more parti- cularly described as follat,Ts is Commencing at the NW corner of said Sec. 3, thence S 20 72° 47' 52" E 2074.61 ft. to the true point of begin- ning for the parcel herein described; thence from said 22 point of beginning and along the arc of a 700.00 foot radius curve to the right, whose tangent at this point 22 bears N 61° 39' E, through a central angle of 38° 43' an arc length of 47 3.01 f t . ; thence S 7 9° 38 ' E 796 ,.06 23 ° 40' ~'~ 134.72 ft.; thence N 86° 52' ft.; thence S O8 . 41" E 277.59 ft, to a point which lies S 76° 53' 23" 24 E, 3537.25 ft. from the NW corner of Sec. 3, T21N, R2E, ~~DBF~M; thence S 16° 41' S0" E 229 .72 ft . ; thence ~ S 73° 36' 38" E 230.36 ft.; thence N 65° 00' E 217.77 ft.; thence N 64° 37' 21" E 321.95 ft.; thence N 62° 2g 36' E 670.00 ft. to a point in the centerline of _7_ 1 2 3 4 51 6 7 8 9 10 lI 12 13 14 15 t8 17 18 19 20 2I 22 23 24 23 26 Butte Creek; thence S 57° 14' E 571.55 ft. along the centerline of Butte Creek; thence S 52° 35' 16" W ........................_. _40.2 , 94 f.t , to a .point an the.. top. of _the r.o.ck bluff s _... g .... ____.~ ~ -formin the S-.rim of Butte Greek--Gan on ...thence alon g : the top of the rock bluff forming the S rim of Butte Creek Ganyan, the fallowing courses and distances: S 62° 3S' 16" W 816,70 ft.; S 72° 43' 49" W 730.95 ft,; N 67° 22' 17" W 514.62 ft.; NS3° 44' 46" W 241.81 ft.; N 20° 24' 36" W 91.76 ft.; thence N 7S° 36' 38"lN 354.11 ft,; thence N 42° 33' 48" W 60.52 ft.; thence S q•5° 34' 40" W 479.50 ft.; thence leaving said rock bluff line N 09° 41' 52" W 806.46 ft. to the point of begin- ning. TOGETHER WITH easements for roadway and public utility purposes as described in the Deed from Erika M, Alm to Jahn ~'. Henning, et ux, recorded December 19,175, in Book 2036, of Official Records, at Page 601. ALSO EXCEPTING THEREFROM the following described property Being a portion of Sec. 3, T21N, R2E, b4DB~?~4 more parti- cularly described as follows: C0~'Il~~~ENCING at the Nix] corner of said Sec . 3, thence S 72° 47' S2" E 2074.61 ft. to the true paint of begin- ning fox the parcel ]~erein described; thence from said point of beginning S 09° 41' S2" E 806.46 ft. to a point an the top of the rock bluffs forming the S rim of Butte Creek Canyon; thence along the top of the rock bluffs forming the S rim of Butte Creek Canyon, the following courses and distances: S 45° 34' 40" W 362.00 ft.; S 54° 09' S4" W, 319,60 ft.; S 58° 31' 3l" W 668.21 ft.; S 78° 48' 55" W 210.34 ft.; thence. S 7$° 53' 11" W 94.42 ft . ; S 82° 26' 19" 1~~ 227,98 ft. ; S 79° 3S' 42" W 335.05 ft.; N 79° 23' 47" ZIT, 155.70 ft.; S 69° 38' 49" W 19.16 ft., more or less, to a point on the westerly line of said Sec. 3; thence leaving said rack bluffs line N 00° 24' S0" W along said section line 673.69 ft.; thence leaving said section line N 59° 56' E 781.85 ft. and N 61° 39' E 1.469,06 ft. to the point of beginning and containing 44.6 acres more or less. ALSO EXCEPTING THE~tEEROD4 that portion of the herein described parcel Deeded to Gilbert Alm, et u~€, in Book 1502, of Official Records, at page 139 and that portion deeded to the County of Butte recorded November 26, 1975, in Baok 1976, of Official Records, at Page 114. -8- 1 2. 3 4 5 6 7 8 9 to 11 12 13 14 Z5 16 1'7 18 ~.9 20 2I 22 23 24 25 2B Parcel five: That portion of the N 1/2 of Sec. 2, 1 ~ DBF~A4 lying N of Butte Creek. __. .. Parcel -S 3x, .._A -p arce.l of land in- SeC., 35,..T22N, --- ~; anT~.n Sec, 2, T21N, R2E h4DB~M, described as follows: Beginning at the NW corner of said Sec. 2 and run- ning E an the N line of said Sec. to the SW corner of the SE l/4 of the SW 1/4 of said Sec. 35; thence along the W line of said SE 1/4 of the S~V 1/4, 900 ft, more or less, to the northerly edge of the dredged lands in said Sec. 35; thence, running easterly along the northerly line of edge of said dredged lands the follotitiTing courses and distances: E 80 ft.; S 4S° 50' E 90 ft.; N 78° 00' E 165 ft.; N 4l° 00' E 125 ft.; N 35° 30' E 1S0 ft.; N 55° 00' E 500 ft.; N 61° 30' E 160 ft.; N•4l° DO' E 430 ft.; N 55° 00' E 480 ft.; N 64° 00' E 175 ft.; N 46° 20' E 1Db5 ft.; N 7S° 00' E 216 ft.; N 77° 10' E 171 ft.; N 69° 4S' E 214 ft.; S 57° 38' E 50 ft., mare or less, to the E line of a 3.60 acre parcel of land deeded from Jahn Crouch to L. P. Drexler, recorded in Book 33 of Deeds, Page 327, Butte County Records; thence along said line S 32° 12' ~y' to the E and W centerline of said Sec. 35; thence E along said line to the center of Butte Creek; thence down the said center, westerly to the ~V line of said Sec. 2; thence N along said line to the point of begin- ning. Also that portion lying easterly and southerly of the following described line: A portion of Sec. 35, TZ2N R2E MDB€~M more particularly described as follows: COMMENCING at concrete momument tagged ~.. S. 2621 marking the most southerly corner of Lot 14 of the Rimrock View Subdivision as filed for record in Book 24 of Maps at pages 27 and 28 on December 15, 1959; thence N 61° 5S' 40" E (the basis of bearing being said Rimrock View Subdivision} along the northwesterly right-of-~+ray line of Humbug Road a distance of 41.74 ft.; thence S 2$° 01' 20" E perpendicular to said right-of-'way line a distance of 60.00 ft: to a 1-inch iron pipe, tagged R., C, E, 11128, marking the inter- section of the southeasterly right-of-way line of Humbug Road and the easterly line of that 1an,d deeded by William Bidsworth to C. R. Cook an October 9, 1951, and filed for record in Book 604 of Official Records at Page 4$l; said paint being the true point of -s - 1 2 3 4 5 B' 8 9 10 11 12 ~.3 14 15 16 17 18 19 20 21 22 23 24 25 '2B be~inning of the line herein described; thence S 3S° 45 44" E along said easterly line a distance of 33.21 _ _ _ _.. ft . to a 1..-inch iron pipe ~ . tagg.~d R.. C • ~ • 111.?.8 ~... ___ mar-.king h~--most easterly. corner. of _.said..C. R. Cook .___. parcel; thence S 33° l4' 28" E a distance of 149.02 ft, to a 1-inch iron pipe tagged R. C. E, 11128; thence S 66° 12' 35" W a distance of 309.92 ft. to a l-inch iron pipe, tagged R, C. E. 11128; thence S 62° 57' l8" W a distance of 169.79 ft. to a 1-inch iron pipe, tagged R. C. E. 11128; thence S 55° Z8' 00" W a distance of 393,48 ft. to a 1-inch iron pipe, tagged R. C. E. 11IZ8, an the northeasterly boundary of a 60.00 foot wide right-of-way and the end of said line. EXCEPTING THEREPR4M THE FOLLOWING described property: All that certain property lying i~resterly and northerly of the following described line: A portion of Section 35, T22N, R2E, M~BFM and more particularly described as follarus: GOMA~NCING at a concrete monument tagged L. 5. 2621 ', marking the most southerly corner of Lot 14 of the '', Rimrock View Subdivision as filed for retard in Baok 24 of Maps at Pages 27 and 28 on December 15, 1959; ', thence N 61° 58' 40" E (the basis of bearing being ', said Rimrock View Subdivision) along the northwesterly right-af-way line of Humbug Road a distance of 41.74 ft.; thence S 2$° O1' 20" E perpendicular to said right-of-way line a distance of 60,00 ft. to a 1-inch ~.ron pipe, tagged R. C. E. 11128, marking the inter- section of the southeasterly right-af-way line of Humbug Roacl and the easterly line of that land deeded by William Bidsworth to C. R. Cook an Qctober 9, 1951, and filed for record in Book 604 of Official Records at Page 481; said point being the true paint of begin- ning of the line herein described; thence S 35° 45' 44" E along said easterly line a distance of 33.21 ft. to a I-inch iron pipe, tagged R. C. E. 11128, marking the most easterly corner of said C. R. Cook parcel; thence 5 33° 14' 28'" E a distance of 149.02 ft. to a l-inch iron pipe tagged R. C. E. 11128; thence S 66° l2' 35'" W a distance of 309,92 ft. to a l-inch Iran pipe, tagged R. C. E. 11128, thence S 62° 57' 18" ~W a distance of 169.79 ft, to a I-inch' iron pipe, tagged R. G. E. 11128; thence S 55° 2$' 00" W a distance of 393.48 feet to a 1-inch iron pipe, tagged R, f:. E. 11128, an the northeasterly boundary of a 60.00 foot wide right-af-wayand the end of said line. -lp-. :l 2 <3 ,~ 9 lfl 33. 1.2 13 34 15 16 17 1$ 19 20 21 '~ 22 III 23 24 25 2B ALSO EXGEPTTNG THEREFROM the following described property: Being a portion of Sec. 35, T22N R2E MDB~M more particularly described as follows: Parcels 1, Z, 3, and 4, as shown on that certain Parcel Map filed in the office of the Recorder of the County of Butte, State of California, on May 28, 1974, in Book 49 of Parcel Maps, at page 95. ALSO EXCEPTTNG THEREFROM that portion, if any, of said land lying within the SE 1/4 of the SE 1/4 of said Sec. 35 which does not lie within the boundaries of the parcel of land described in Deed from Ben E. Crouch to Elsie A. Drexler, recorded in Book 141 of Deeds, at page 133. Parcel Seven: The right of ingress and egress at three separate locations as fo11o1~~s One: A parcel, of land 60 feet wide located at the intersection of the W line of the SE 1/4 of the SW 1/4 of the aforesaid Sec. 35. Twa: A parcel of land 60 feet wide located at the middy of the course in the description contained in Parcel Six herein described as N S5° 00' E 480 feet. Three: A parcel of land 60 feet wide at the easterly e.nd of the course in said description described as N 69° 45 t E 214 feet . Parcel Eight: Being a portion of Section 35, T22N R2E MDB~M more particularly described as follows: Parcel 4, as shown on that certain parcel map filed in the office of the Recorder of the County of Butte, State of California, an May 28, 1974, in Book 49 of Parcel, Maps, at Page 95. Containing 375 acres, mare or less, southeast of Chico. -11- 1 SECTION 2: The use and development of said property shal] 2 be.._in a.cc.ord with _the...development.._plan_.submitted. by the .applicant, 3 as conditioned and incorporated herein by reference. Said condi- 4 tinned development plan collectively consists of the following 5 documents: B (a) Butte Creek East PA-C Development showing the entire. ? .arcel, natural features, haul road and access and easement to the 8 kyway (Exhibit A attached to the development plan); and 9 (b) Butte Creek East PA-C Development site development 10 tan showing site development details, including roads, building 12 ocations, ponds, utilities and ground elevations (Exhibit B-l, B-2 12~~-~ attached to the development plan); and 13 (c) Butte Creek East PA-C Development landscaping plan I.4 howina the area of existing vegetation and proposed revegetation 15 ~~(Exlxibit C attached to the development plan) ; and 1B [d) Butte Creek East PA-C Development lighting plan show- 17 ing the locations of various lights and light fixtures (Exhibit D 18 s attached to the development plan); and lg (e) Butte Creek East PA-C Development preliminary fire 2p~ratection plan (Exhibit E attached to development plan). 21I~ These documents and conditions are lacat~d.in the files 22 f the Butte County Planning Department. 23 SECTION 3: Said development plan identifies tt,ro areas; 24 ne being the easterly portion containing approximately 75 acres, 2S are or less, re-ferred herein as the "Development Area", one being 28 he westerly remaining portion containingapproximately 300 acres, ~12- no re or less, referred to ~.erea.n as the "4va.~o.~.xre xeruge~~. _. _. SECTION...4:.,..~ .Notwiths.tanding..the pra.visians. of...Chapter 2.4- ". . _. _ _ x.25 of the Butte County Code, the following provisions shall govern the use and development of the Wildlife Refuge and Development area [.a) ~Tildlife Refuge - the use and development of that portion of said property referred to as the I4i1d1ife Refuge shall be limited to the following uses: 1. The alternative access road westerly to the 9 Skyway, and emergency access road as shown on the development plan; 10 and 1~.~~ 2. Open space uses which do not require development 12 or improvement of a permanent or structural nature; and 13 3. Recreational uses not requiring permanent improve 14 ent, including hunting, fishing, camping, hiking, riding and other 15 similar uses except that the maintenance of horses are specifically 16 ~~excluded; and 17 4. Preserve for native fish, wildlife and existing 18 rater resources; and 19 5. Nothing in this section should be construed to 20 reclude nominal, normal maintenance activities associated with the 21 ildlife refuge including but not limited to the thinning of trees, 22 emoval of debris, dead animals, etc. 23 (b) Development Area - the use and development of that 24 ortion of said property referred to as the Development area shall 2g e limited and regulated by the fallowing provisions: 2g 1. The dwellings as sho~m on the development plan -13- li 2 3 4 shall be limited to residential uses and activities; an . r_.. . 2.. The .xecx.eation. and....affice .buildings as._sha~,rn.. on .... ... _, ... the development plan shall be limited to recreation, social, main- tenance and administrative uses and activities associated with the 5 ~~deve I opment ; and 6 ~~ 3. The storage of materials and objects around the 7 residential dwellings as shown on the development plan shall be 8 limited to those t+~hich are accessory to, appurtenant to, and custom 9 axily associated with the residential use of those dwellings; and 10 4. The storage of materials and objects in and aroun Il the recreation and office buildings as shown on the development pla 12 shall be limited to those which are accessory to, appurtenant to, 13 and customarily associated with the recreational, social, maintenan e ].4 and administrative use of these buildings; and 15 S. All other accessary structures and/ar buildings f r 16 wl~ich a building permit is required are prohibited except as sho~m 17 on the development plan; and 18 6. The height of all principal structures as shown 19 on the development plan shall not exceed a heig3~t of two (2} 20 toxies or 35 feet; and 2~. 7. Except for an ornamental wall adjoining each ~2 nuance to the development no fences and/ox other walls shall be 23 ermitted. The fences and/or walls described above shall not 24 exceed six (6)-feet in height and 40 feet in length each; and 28 8. The keeping of livestock including horses and 28 development of stables shall be prohibited; and -14- 1 _ ..._ ._ 2 3 4 5 6 8 9 10 11 1~ 13 14 Home accupat~.ans as detsned ~n c;hapter L4-Zl o th.e. Butte. Caun.ty Cade..s.hall. be.. .p..r..o.hib~.te.d,. .anc~ .... _ _ ... _'~.. _.. 10. Signs shall be limited to an identification of t e development not to exceed two "(2) in number with a maximum size of 50 square feet each, except that signs advertising the development and sale of units may be permitted until S5 percent of the dwelling are sold ax until a period of five (5) years has elapsed whichever is first. The developer shall be responsible for the removal of alI signs associated with 'the sale of said property. SECTION 5: The developer shall establish a homeawn.ers association to be responsible for the maintenance and upkeep of the utilities, roads, and all other real property owned in Gammon. IThe developer shall assume responsibility for the unsold, remaining bexships until such time as the hameo~~mers association can real 15~~ably assume the financial responsibilities for the maintenance and 16 upkeep of the utilities, roads, and all real property owned in 17 common. To ensure that the homeowners association is adequately 18 farmed to meet the responsibilities, .the developer shall submit 19 copies of said homeowners association agreement to the Butte County 20 Planning Department for review and approval prior to the recordation 21. of any subsequent map authorizing the sale of any real property in 22 conjunction with this development. 23 SECTION fi: This Ordinance shall he and it is hereby 24~~declared to be in full force and effect from and after thirty (30) 23 days after the date of its passage, and before the expiration of 26 fifteen (15) days after its passage, this Ordinance shall. be -15- 1 published once with the names of the members of the Board of 2 Supervisors_.voting for and._agai.ns-t it ..~.n-t~ze. Chico Enterprise,.. a... _ .. _° '~ . 3 nez,rspaper published in the County of Butte, State of California. ,~ PASSED AND ADOPTED by the Board of Supervisors of the S Gounty of Butte, State of California, on the 6th day of January g 1981 , by the folloe,Ta.nA vote . 7 YES: Supervisors Zemke, Saraceni, Wheeler and Chairman Moseley $ OES: Supervisor Dolan 9 BSENT: None 10 OT TOT I NG : None ~: 11 ~~ ~` ~~ BERTHA MOSELEY 12 Chairman, Butte Gounty Board of Supervisors 13 14 TTEST: CLARK A. NELSON, Gounty Clexk-Recor~.cr and Ex`=officio Clem: of the Board 15 18 By 1~ 18 ~s 20 21 22 23 24 2S 26 -16-