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HomeMy WebLinkAbout2773~I 2 3 4 5 6 7 8' 9 1.0 Il 12 13 ~~ 15 16 17 18 19 ~6 2I 22 23 24 25 2s ORDINANCE NO. 2773 AN ORDINANCE APPROV~NG A DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF THQRNTREE DRIVE, 600 FEET EAST OF COHASSET ROAD, NORTH CHICO. The Board of Supervisors of the County of Butte, Stat~ of California, unde~ and pursuant to Chapter 24-29 of the Butte County Code of said County, DO ORDAIN, as follows: SECTiON l. That the Development Agreement w.ith Thamas P. Reed in ~he form attach~d hereto as Exh~.bit "A" and ~.nc~rporated herein by this reference is approved, this Board having found tha~ the provisa.ons of the agreement are consist~nt with the Butte County General Plan. SECTTON 2. Th~ Chairman is authorized to execute the Development Agrement in the fo~rm attached. SECTION 3. Following camplete execution of the Deve~.opment Ag~eement, the Clerk of the Baard of Supervisars shall cause a copy thereaf to be ~ecorded w~.~h the But~e County Recorder. SECTION 4. This Ordinance shall be and it is hereby declared to be in full force an.a eff~ct from and af~e~ thi~ty (30) days after the date of its passage, and befa~e the exp.~~ation of f~.fteen (15) days after i~s passage, this O~d~nance sha~~. be pub~.ished once with the names of the members of the Board of Supervisors vot~ng for and against it in the , Enterprise Recoxd , a~ewspaper publishEd in the County of Butte, State of Ca~ifornia. PASSED AND ADOPTED by the Boa~d of Supervisors af the Coun~y of Butte, State of California, on the l~t~ day of August , 1989 , by the following vo~e : AYES: Supervisors Do1an, Mcl~tuxf, MeLaughlin, Vercruse and Chaa.x-~nan Fulton ~ 2 3 4' 5 5 7 8 9 10 ~~ 12 13 1.4 ' 7.5 I6 17 ~8 Z9 ~6 2I 22 23 24 2S 26 NOES : None ABSENT : None NOT VOTTNG: None LEN U TQN, HAIR But e County Board af Superv~sors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Off~cer and Clerk of the Board BY ~cu.~... Publication dat~: Decemher 22, 1989 Effective date: January 22, 1990 (~(~. ` ~ -~` y~`a '~ ~ ~~-. ' : ~ ,, • , 7t11 DEVELOPMENT AGREEMENT THIS AGREEMENT is made anc3 entered into this 6th day et. al. * of December , 1989 , between Thomas P. Ree,d, /( hereinafter referred to as "Property Owner"), and the COUNTY OE BUTTE, a political subdivision, organized and existing under th.e laws of the 5tate of California (here~.n,after referred to as "County"). R E C I T A L S This Agreement is predicated upon the following facts: 1. Government Code Sections 65864-65869.5 authorize the County to enter into binding development agreements with persons who have legal or equitable interests in real property for the development of such property; 2. Under Government Code Section 65655 ~he County has adop~ed rules and regulations establishing procedures and reguirements for consideration of development agreements. 3. Property Owner has requested the County to consider entering into a development agreement and proceedings have been taken in accordance with the County's rules and regulations. 4. The Butte County Board of Supervisors has found that the development agreement is consistent with ~he Butte County General Plen; and 5. On nugust 15 , 1989, the Board of Supervisors of I %. 1 _ *Donald Ray Bzown, Mauzice E. Whitchurch, Jo Ann S. Whitchurch, Jeffery Waddle,. and --~~- - Kathleen Waddle .~ ~~J`~~Jlg~ 90-Q1p14. ; kec Fee .00 ~ ~ Totai .UO Recorded , IJfficial Kecords ~ C.ountv of , Butte , Candace J. Grubbs ~ kecorder , y:4~am i~i-Mar-SU ; b[; 19 County ad~pted Ordinance No. 2;;3 appraving the devElopmer.~ agreement with Praperty Owner and the ordinance thereafter took 19R0 effeCt on .Ianuary 22 , ~~a. NOW, TH~REFORE, the parties agree: ~, Detinitions. In this Agreement, unless ~.he context o~herwise requires: a. "Caunty" is the County of Butte. b. "Projec~" is the c~avelopment approved by the County. c. "Property Owner" means the person having a legal or equitable interest in the real ~raperty as described in Paragraph 2 anc~ includes the Property Owner's successor in interest. d. "Real Property" is the real praperty re~erred ta in Paragraph 2. 2, Description of Real. Property._ The real property which is the subject of this Agreement is c~escribed in Exhibi~ "A" attached hereto and incarporated herein by this reference. 3. ~nterest of Pro er~ Owner. Pzoperty ~wner repr~sents that he has a legal interest in the real property anc~ that all other persons holding legal or equitabl~ interest in the praperty are to be bou~d by the Agreement. 4. Assignment. The righ~s of the Property Owner under this Agreement may nat be tzansferred or assigned unless the written consent of the County is first obtained, the approval will not be reasanably withhe~d. 2 S. Bin~in Effect of A reement. The burdens of this Agreemen~ bind and the benefits of ~his Agreement inure to the successors xn in~erest ~a the par~ies ta i~. An individual Property ~wner shall be persona~ly responsible far compliance with the requirements of this agreement on~y for that period of ti~e durin~ which that Property Owner owns the real property. b. Rela~ianship of Parties. It is understood that the contractual relatianshzp between the County and Property Owner is such that ~he Property Owner is an indapEndent contractar and not the agent of the County. 7. Count ' s A rava~ Praceedin s for Pro ' ect. On A~ust 15 1989, the County approv~d a rezone for the property. These praceedings are designated Reed , Fi.le 89-278 , Qn f31.e in the o~'fice of the Planning Departrnent and Clerk of the Baard of Supar~isars to which reference is made far further particu~a~s. 8. Chan ~s in Pro'ect. No change, modification, revision or alteration may be rr-ada in ~Y135 development agreement wi,thQUt review and approval by those agancies af the County approving this development agreemant in the first instance. A change, modificationr revision ~~ alteration in this devalopment agreement is not ~ffec~ive unt~.l the partias ament3 this Agreement to incarporate it. 9. Time for Construction and Com 3etion of Pro'ect. a. Be innin Construct~on. Praperty Owner agrees ta begin cor~struc~~.on of the Praj ect within 1 year 3 atter the execution af this Agreement or within 30~ days after securing permits, whichever cames first. b. Completion of Pra'ect. Praperty Owner agrees ta diligently pzosecute to comp~e~ion the construction af the Proaec~ and to camplete construction and installa~ion of amenities ~or each parcel within 2 years after the date canstruction begins or issuance of building permits ~or the last parcel. c. Pzo ress ra orts until construction af Pro'ect is comp3ate. Propezty Owner sha~l make reports of the progress af construction in such detail and at such time as the ~lanning Commission of the County reasonably requests. d. Countv to ~eceive construction doc~ments. p~operty Owner shal~ furnish C~unty copies of the project construction documents prior to cammencement af constructian. e. Certi~icat~ of campletion. Promp~ly after completion of the Pzoject, the County shal~ provide ~he Property Owne~ with an instrument so certifying. The certification is conclusive determ~nation that the ob~igatian of the Property Owner under this Agreement has been met. This certificatxan sha1Z be in such form as w~l~ enable ~ ~ ~ it to be rec~zaed in the off~cial records of tha County. 1p. Effec~ of Trans~er of R~al Pra ert to Another 3urisd~ction. If all ar a portion of the real property which is the subject o~ the Agreement is annexed ta or otherwise becomes a part of a Ci~y or anothe~ County, this Agreemant t~rminates. 11. Hold Harmless. Property Owner agrees to and sha~l hold the County, its officers, agen~s, employees and representatives harmless from liabili~y for damage or claims f~r damage for personal injury, including death and claims ~or pzoperty damage which may arise form the direct ar indi~ect actions of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalt which re3ate to the Project. Praperty Ownez agrees ta and shall defend the County and its o~~icers, agents, emp~oyees and representatives from actians for damages caused ar al~eged to have been caused by ~e~son of Prope~ty Owner's actions which. relate ta the Project. This hold harm~ess agreament applies to all damages and claims for damages su~fered or al~eged to have been suffered by reason of the actions referrad to ~~ this paragraph, regardless of whether or not the county prepared, supplied, or approved plans or specifications or both far the Project and ragardless ot whether or not the insurance policies referred to in Pazagraph 12 are applicable. Property Owner ~urthe~ agrees ta in~emnify, ho~d 5 harmless, pay all casts and provide a de~ense for County in any action challeng~ng the va~idity of the development agreement. 12, Insurance. Property Dwner shal~ obtain the insurance required undez this paragraph and receive the approval g~ ~he Butta Caunty Counsel as to farm, amount and ca~rier. Property Owner shall maintain the insurance ~uring th~ term of this Agreement. The insurance shall extend to the Co~nty, its e~ective and appoin~ive boards, commissions, officers, agents, amployees, and representatives and to tha Property Owner and each contractor and subcantrac~or performing wark on the Pzoject- a. Worker`s Compensation Insurance. Property Ownar sha11 require warker~s Compensation insurance for all persons employed at the site of the Project. ~roperty Owner sha11 require each contractor and subcontractor similarly to provide Worker~s Compensation insurance for their respective ~ employe~s. Prap~rty Owner agre~s to indemnify the County ~or damage zesu~ting ~ram his failure to take out and maintain such insurance. b. Public ~iabilit ana pra~ert dama e insurance. Property 4wner shall maintain pub~ic liability insurance in an amount not less than S~,D00,000.00 for injuries tincluding death} to any one persan and subject ta the same limit ~or each person in an amount not less than $3,000,000.00 on account of any one occurrence; and property damage 6 insurance in the amount of not less ~han $500,OOO.QO ~or damage to the prop~~~y °~ ~ach person on account af any one occurrence. 13, Evidence of Insurance. Property Owner shal~ reement furnzsh County concurren~1y w~~h ~he execution o~ this Ag e tha~ satistacto~y evide~ce of the insurance requir~~ a~~ evidenc uired to give the Count at least 30 days p~z~r Y the carrier is req e af a wrxtten no~ice of the Gancellation or reduc~ion in coverag policy. ~~ Rea~ ~4, S ecific Restric~ion on Develo ment cLassification, the following Pro ert . Tn addi~ion to zaning trictions sha~l a~so govern the use of the property: Speci£ic ~es the M-1 ~a~ Permitte~ uses are those permitted bY zaning classification of the County of Butte a5 in existence on the date af this DeveloPment Agreement except the property shall not be used for any of the fallowing p~rppses: ~~~ ~unk yard t2) Auto wrecking yard t3~ A business eng~9~~ ~n ~he purchase, sale or storage at scrap metal except when conducted entire~y within a building. t~) Any resiaentia~ use. (5~ Industrial or manu~acturing uses generating industrial waste water with ~he potential to con~aminate surfaca water or groun~water 7 - unless such cantaminatian ~hreat is mitigated to the satisfaction of the County Health Departmen~ and the Sta~e Regianal Water Quality Control Board. All specific dev~lopment plans shall be su~mi~ted to the County Health Department for review. (5) Adu~t bookstares (b) Condit~onal uses a~e those requiring a use p~rmit in the M-1 zoning classificat~on as in existence on the date of this deve~apment agzeement and shall require iss~ance of a use permit. (c) The maximum density or intensi~y of use shall be as permitted by ~he M-~ zonxng cZassificatian and the subdivision regulations of the Caunty on the date of this D~velopmen~ Ag~~ement. Sewage f~ows per parce~ to be dischazged into S8Pt1G tank systems sha11 be limited to 350 ga?~ons per day or ~ess in accordance with County Health Department requirements and/or recammendaLions. (d) The max~mum height of any building sha11 be 30 feet. (e) Developmen~ to be ~in accordance with the developrrEent plan at~achec3. The maximum size of any builc~ing sha11 be 30,000 square feet. The actual building size may be less ta comp~.y with maximum allowable sewage flows to individual 8 sewaga disposal systems. 15. Public Tm rovemen~s, Facilities and Services. Property Ownez agrees to provide the ~ollow~ng public improvements, facilities and services: (a) Praperty Owner shall, as part of each building perm~t application, submi~ a~andscape p~an consistent with accepted landscaping standards far the City o~ Chico, as amended from ~ime to time, which shall ~nclude a landscaped area alang ~he west sida at AP 048-O1-D-042 as we~l as the areas shown on the development glan attached. Said landscaping to be comp~eted within one (1} year from the executian of the agreement. Trees ta be a species that grows no highez than 20 ta 25 feet, planted on 20 ft. or ~ess centers with a permanen~ 3rrigation system. (b) Property owner sha11 insta?~ and maintain in goad conditian landscaping of the partions of the property requized by Paragraph 15(a); said landscaping ~o be installed upan each parcel at such tim~ as the fina~ inspection on ~he ~irst building in each parcel is perfarmed. Tn lieu af the above, ~andscaping may be bonded and subseque~tly instal~ed within ane (1) year of the fina~ inspec~ion. (c) Property Owner shall submit drainage plans to the 9 County Public works De~~rtmen~ for approval in connection with each bu~~~ing permit. (d) Propexty Owne~ wi11 ins~all such drainage facilities as shal~ be required by County pursuant to ~aragraph 15(c). (e) A11 lighting ins~al~ed upan any parGel shall be situated or shieZded so as ta minimize dist~ac~ion to mat~ris~s, neighboring prope~ties, and aircraft. (f) Any storm drainage retention pond constructed on the property must ~e constructed to meet the requirements of the Butta County M05qu1~0 Abatement Dis~ri~t. This section does not imply that any praposed sewage ~isposa~ o~ other disposal pond will be approved by the County o~ Butt~ ar the California State Regional water Quality Control Board, Central val~ey Region. (g} Zf any materials are stored outside a building they wil~ ba stored behind a sight obscuring masonry wall nat less than six (6} feet in height ~o part of which shall be erected within the road satback ar~a. (h) Before each parce~ is developed, appraval from the County Env~ronmental Heal~h Depart~ent must be obtained for sewage ~isposal system an~ water supply. ~ 10 (i) Submit p~ans ta the County Fire Departme~t for review and recommendatians at the time ~f applicatian for each building permit. Meet the requirements of the Coun~y Fi~e Department for on- site fi~e protection measures prior to final i~spection on ~ach parcel as it davelops. tj) At the time each parcel develops, provide receptacles as needed tor the disposal of hazardaus materia~s, was~es, che~~cals and substances, if any. (k) Mee~ the requiremen~s of the applicable utility campanies, and service companies. Companies inc~ude, but are not limited to, PG&E ~or natural gas and electrical serv3ce, Pacific Bell, California water SErvice Company, and solid waste disposa~ companies. (1) Diligent~y pursue, in coordina~ion w~~h the C~ty of Chico, the potential estab3ishment of bus stop locations ~Chico Area Transit System}, near ~he parce~s, for use by ~uture emplayees and patrons. (m) Submit development p3ans to Butta County Public Works foz review and conditions for appropriate road sections and davelap Thorntree Drive, Reed Lana and Whitchurch Lane ta the RS-3B 5tandard, moc3i~ied to require 8" of Class 2 AS, 3/4" maximum and 2" Type B AC, l/2 " maximum with one ~oot no- 1 ]. access on both sides of vispera Drive and the sauth side of Viento Drive. Establish a Prop~rty Owner Association for Landscaping and Maintenance. (n} Comply with applicable regulat~ons of the Butte County air Po~lution Control Distrxct. (o) Comp~y with applicabZe regulations o~ the Sta~e Regi~nal Water Qua~ity Control Board and the Nitrate Actio~ P1an, far disposal of waste water and hazardaus was~es. Additionally, camply with County of Butte and State of Ca~ifornia Hazardous Ma~erials Managemen~ Plan ~equirements. (p) Meet the requirements o~ the But~e Cou~ty Air Pollution Control D~str~ct for authority to constr~ct and permit ta operate. tq) Meet the requirements of Titl~ 22 of the California Health and Safety Cade, including but not lirnited to: Department of Hea3~h Services p~rmits, Envi~anmental Pratection Agency pe~m~ts, Butte County Environmental Health Depaztment permits, and m~eting thE recruirements for storage and disposal of hazardous waste. (r) Meet the requizem~nts of the Uniform Fire Code, ~979 edition, as amended fram t~me to time, as administered by the Butte County Fire Department/California Department of Farestry. (s} Form a County Service Area to provide for 12 -~ maintenance of the s~orm drainage system and ather requirea facilities. ~6. Effect of Agreement on Land Use Re ulations: The rules, regulations, and official policies governing permitted uses o~ ~he property, tha density af the use of the real property, the design, impravements and constzuction standards and specifications applicable ta developmen~ the rea~ propErty are those rules, regulations and official po~icies in £orce at the time of the execu~ion of ~his Agreement. This Agreement does not prevent the Coun~y in subsequent actions app~icable to the real property fram applying new rules, regu.latians and policies wh3ch do not con~lict wi~h thnse ru~es, regulations and policies applicable to property in e~fect on the date of the adoptian of th~s develapment agreement. This Agreement daes not prevent the Coun~y fzom denying or condit~onally approving any subsequent development project application on the basis of existing rules, regulations and ~o~icias. 17. Periodic Review af Com liance with A reement. a. The County sha~1 review this Agreement at least once avery twelve-month peziod ~ram the date this Agreement is executed. b. During each periodac review by the Coun~y, the Property Owner is ~equi~ed to demonstrate good faith compliance w~th the terms of the Agreemant. The Property Owner agrees to furn~sh such evidence 13 of good fai~h compliance as ~he Cou~ty in the exercise of its discret~on may require. 1g, Arnendmen~ or Cancellation of A reemen~. This Agreement maX be amended or cance~led in whole or in part aniy by mutual consent a~ the parties and in the manner provided for in Government Code Sections 55867, 658b7.5, 65868, and 55859.5. 19. Enfo~cement. Unless amended or cancel~ed as p~ovided in Pa~agraph 18, this Agreament is enforceabla by any pazty to it regardless of any change in ~he applicable general or spec~fic plan, zoning, subdivision or building regulations adopted by the County which alter or amand the ~ules, regulations oz poZicies gover~ing permitted uses of the 1and, densi~y, design, ~mpravement and cons~ruct~on standar~s and specitications. 20. Events af Defau3t. Property Owner is in defau~t undez this Agreement upon the happening of one or mare of the following avents or condi~i~ns: a. If a material warranty, rep~esentation or statement made oz furnished by P~operty Owner to the County contained in this Development Agreement is fa~s~ or praves to have been false in any material way when it was mada. b. A~inding and dete~mination by the County made ~allawing a periodic revi~w under ~he procedure provide~ for in government Code Section 55865.1 that upon the basis of substantial evidence the Proper~y Owner has not ~amplie~ in good faith with ~4 ~ one or more of the terms or condi~ions of this Agreemant. 21, prncedure u on Defa~lt. a. Upnn the occurrence af an event of de~au~t, th~ County may ~erminate or amend this Agreement in accardance with Paragraph 18. b. County daes no~ waive any claim or def~ct in per~ormance by Property Owner implied i~ on pa~ioaic review the local agancy does not prapose td modify or ter~inate the Agreement. c. Nan-pe~formance sha11 na~ be excused because of a ~ailure of a thir~ pe~son. d. That adoptian of a law or other gaveznment activity making performance by tha appli~ant unp~ofitable ar more difficult ar more expensive daes not exc~se the per~ormance of the obiigat~on by the Property Owner. e. Non-pertormanc~ shall be excused only when it is prevented or delayed by aets of Goa or an emergency dec~ared by the President or Governor. 22. Dama es upon Termination. ~n no event shalZ Property Owner be entitled ta any damages against Coun~y ~pon termination of this Agreement. 23. Attorne s Fees and Casts. If legal action by eithar party is brough~ because of breach of this Agreement or to enforce a provasion vf this Agre~ment, the prevailing party is 1S ' entitled to r~asonab~e a~torneys fees and cour~ cos4s. 2A. Forum. zn the event of any legal proceedings af any nature, all parties agree ~he on~y forum with jurisdict~on is the Butte County Superior Caurt, ~acated in Orov~lle, Cal~fornia. 25. Notices. All notices requirad or provided for unde~ this Agreament snall be in writing and de~~ver~d in person ar sent by certif~ea mail, posta~e pr~paid. Natices required to be given to County sha11 ~e addressed as fo~~ows: County o~ Butte 25 County Center Drive O~oville, Calitorn~a 9596~ Natices required to be given to Property Owner sha11 be addressed as follows: Thornas P. Reed P.O. Box 1258 ChiCO, CA 95927 A party may change tha address by giving notice in writing tfl the other party and ther~after natices shall be add~essed and transmitted to the new address. 26. Rules of Construction and Miscellaneaus Terms. a. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. b. If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. c. If ther~ is more than one signez af this Agreement their obligations arE joint and several. d. The time limits set forth in this Agreement may be ~5 extended by mutual consent of the parties in accordance with the pracedures for adoption of an agreement. 27, Duration ot Agreement. This Agreement shall expire five (5) years aftez development of the ~ast parcel. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year firs bave wri~~ -.-) ~ Z(i)~2 ~ ~ ~J ~ ' /~ ~f T OMAS P. REED'-' - ~~_ .~' ~ _-~.-~~ ~~'- ~~~~_ ..--~-~.. ~-~-~ DON~LD RAX gROW ~J%' ~., i~ ' ~ /.~ l ~ .,,~% ~~L ~,~~•. MAUR~CE E. WHTTC URCH f') .h/~ i, i"'-~~~i=4~--~_. JO ANN S . WHITCHUftGH~ . ,.,~` uY y..~.~,.~._..r f ~ ~~_,.._ ~~~ ...~ ~ ~-r".~, JEFFE Y WADDLE ~ ~-fi~"~~ ~~~, f.~' yJ ~~~~i'7 ,,s~y- : s%,- 1 L~N E'[3LfiON, CHA~RMAN ~}~}~j ~ ~j ~~~f B~tta County Boarc~ o~ Su~ervisors SUSAN ROFF, Coun~y Counsel County af Butte AT~'EST: WILLIAM H. RANDOLPH Ch3ef Ac3minis ~rative Off~.cer ana C1erk of the Board gy _ _ ~ ~ ; ~.. 17 gTATF OF CAL~FORti''` COUNTY QF . B41t~.e o„ November 9, sa~d State. pe~sonai~y aooeared . 55 _pglpre mP thg ~tndErS~g~eG a NDtarv PuhliC ~n and tpr RAY BROWN** - I~Hmn~~....,•••---- pFFtCiAt ~EAL ~ personally knOwn SO me ~or U~o~ed to me on the ba5+s of satis• ~AM4 BA~~OW ~ tattory e~idencesto be t~e personts~ whpse nameis~ israre sub~ NOTA*r PU~~3~ ^~a`~~~~µA _ PR1ti}: ~YAt O F F:r E iN 4~ ~ sCnbed tD ihe within insti umeni and aCknowledged to me tha4 , ~~E couN'^' ~ helshe/they executed the same ~y Com~~u1On ~xp~res ~~t~be~ 24• y~2 = WITNESS my hand and otlsciat seai, ~urn+~u~u~lun~~~~n~inuwsfu~nulutnsunnttnftus~sud ~ iTh~s area ior oli~cial nOtaria! sealf $igna I Iss. '~ STATE bF CALIFdR~I IA } n CpUNTY OF c Novembe r 2 8 1~~i g . betore me, the undersigned, a NoSary Public in an or v Qn KENNETH LANGFORD~.-.- °-' sa~d 5tate, perso~a~ly appeared r . c ~ ~ personally known to me w~ provecS to me on the basis oi satisfact~ry evidence~ to be the person whose ~ame ~EN ~ a; ~~,~~~DZd~to the within instrument as Che Attorney in Eact ot y A LL Or FICIAL S~'~L and ack~owledQed to me that helshe subscribed the name(s} ,~~. ry ~~~CR a " JEFFREY WAD~_DLE AND ~~~''`a~;`. ~ ~ ~Y r ~ ~ of ~;~„ ~ R. ~.~5 ~ 't~ .' ~~":~,,. ~ jVO~nRY YIJ~~i.^• • CkLli"'Q°I'fIA = KA'~HLEEI~ GdADDLE "~° ~"~'~ •T ~~;-~ '~ ~'U?TE C~i3yTY °7 rinct a~SSS. and his/he~ own nasne as AtSOrney ~n T~~ ~-,,`s' k~ CC^l~^. ~XDjrn~ ~~;~. 29, 15J3 thereto as P p '~ °::~?" ° Faci. < y WtTNESS my ~ and a~d ol~icial seal. W ~: ~~: fThis area tor otticial notarial seal) co 5ignature ~ L c 0 0 c~ 1989 **DONALD r, T v s ~ ~ ~ ~ J n 3 ~ a ~ J ~ ~ T 3TATE OF CAUFORNIA ss COUNTY OK . _ B.Llt~~ on _ December 6 f 1989 np~n~p ^+e ?he i~~oe~s~a~ed a tia~a~v Pub~~r ~n a~d fo~ * *MAL3R~GE E . ~~iHITC:iURCH AND J~ANN S . sa~d Sta~e. versonatiy aaoeared . • WHTTCHURCH** personaily known to me iDr proved to me on ihe ba5is o~ sans~ laCtOry evid2nc2~ t0 be t he P@rsOnlsl whOSe n8m~i si i5 ~ S~2 su b- scribed to Ehe wrthin inst~umenl and acknOwledged to me tha; he/shelthey executed the same. WITNESS my han~ and offiGai seaS. ~ . ~ 5ign -- ~4illi~llplli~~~~•••••"'-- OFFIC~a~ 5EAL M~ 8ARL4~'~ " f 1 ,~"c "t ~A CAL~f E~R~~A NnTl.RY PU6L~~+ ~ IN P: O' ' 1 e \~~ ~y~ ~y .~ t PRt1~C1 NTY EUn~ GG' 1932 Octobpi 24, tJiY von`rn: ssioR ExD+res ___.._,....untiumu~ruan iTn~s area ior oil~c~ai not~~sa~ seah 57ATE ~F CALIFOR A Iss. COUNTY OF _ ._ _ ~u~~e--._. . .__..._. ~ 0n I~OV'ETiIY~Hr' ~~ ~-~ $~ .before me. the underssgned. a Notary PubliC +n and for . . .._. _ ___.... ... - -"- ic~~~~OT`~S p. REED* said 5ta1e, personally appeared. _._.__..____.-_ -.- . - ~ ~ ~ _ ~ ~ ~ ~ G ~ ~n ~ ~ :~ ~ personaliy knawn io me ior praved to me on she basis of satis• faCtory evidence4to be t~e personSslwfipse nametsl is/aresub• scribed to the within insirument and atknowledged to me Sh81 he/shelthey executed the same. L11litJ111i1W[i:I111i1iU111SSfllli~t«~i~~~~~~••••••••••••••^ ~ •~ OFFiCIAI SEA~ TAr~s~ sA~~.ow NIA F i~ ; i ~30TAfY Pl:9LtC ~ ~A~~FO '} p~INC17ALOFFIC~IN eurre coun~rr My Commissian ExF~ras aCtatrer 24, to92 WITNE55 my hand and official seal. ~ 5ign _- _ __W. .__. (This arEa 1or Diiicial notarial seal} -~;:.~~.: . ... _ -- ~ - -•+e--°---..._.. ~~~:'~ - .:~. ~*~~~~.~ ::~,~ ~-' ~ EXHIBIT "A" 90-- I Q 1 ~~ !~~ Heing a portion oz" Section 2, T22n, R1E, MDB&M, maze particularly desc~ibed as fo~.~ows: Beginning at tha SE carner of Parcel 4 as shown on tixat ~er~ain map £iled for recard i.n Boak 81 0~ Parcel Maps, at Page 5~. in the office of the Sutte County Recorder, said point of beginning also being the S 1/~ corner af said Secti~n 2; thence leaving said point of beginninc~ a~.ong the E line of said Parcel 4 N 00° 45' 19" w, 9Z3.85 f~.; thence ~.eaving said E l.i.ne S 88° 48' 1.4" W, 1330.00 + f~. ~a the E l.ine of Farcel 4 as 5llowII on that certai.n map f iled f or record i.n Boak 10 2 o~ Par~.el Maps, a~ Page 44 in the of~ice ai the Bu~~e County Recorder; thence along the E line of said Parcel 4 N 00° 52' OS" W, 3°5.00 + f~.; thence S 88° 48' 14" W, 796.66 ft.; thence S 00° 52' 05" E, 13].Q.~1 ft. to the Sw corn~r af said Parce~ ~, said corner being 3ocated on the S l.ine o~ said Sec~ion 2; thence alang said S Ii.ne N 89° Q2' d2" E, 2124.67 to the paint of beginn~ng. 5, c m a E O U m ~ G } (0 ~ U N ~ Q h E i~ : ~ v > ~ ~ 3i ~ ! V m ~ ~ I ~ ft c~ I ~ STATE OF CALIF'ORI~EIA ;ss. CdUNTYQF__._~tii-t-o - ~ On_~_~~C~Iilbe Y' 6,_1.9 8 9 __ ._ ,betore me, the undersigned, a Notary Public in and for said 5tate, personally appeared ~"~~~RICE E. WHITC$URCH AND JpANN S. ` WHTTCHURCH** ~ personalEy known to me (or pro~ed to me on the basis of satis- factory evidence) Eo be the personls) whose name(s) islare sub- scribed ta the within instrument and acknowledged io me that he/she/they execuEed the same. WITNESS my hand and official seal. ~ 5i9n - ` - -- __ - Ytlllt111isfiunrn.....----- pFFiC1Al S~Ati' ' TAM~ BAR~-OW ~p~p}!Y PUBLSL - CA~~F6f~NlA ~= PRSiSC4PA~DFF1C~kN SU~"~~ C6UN~ ~u1y Commission Expires October 24.1992 - --.r.......,,t~uH1~ (This area tar official notarial seal) 1~N4p pF l~CUMENT 1 AGREEMENT OF UNDERSTANDING 2 3 THIS AGRE~MENT, ma.de this ~p~,~__ day of ~QV~I"Yl ~~/~ r 4 19$9, by and between THOMAS P. REED, DQNALD RAY BROWN, 5 MAURICE E. WH~TCHURCH, JOANN S. WHITCHURCH and KENNETH 6 LANGFORD, Attor~.ey-~.n~-Fac~ fa~ JEFFERY WADDLE and KATHLEEN 7 WADDLE, hereina~~er ~eferred to as Owners, provides as $ fol.lows : 9 R E C T T A L S 10 A. Owners are developinq certain. parcels of rea~. ~j property in the County o~ Butte, State of Cali~'ornia, and ~ N ~ N ~' ~ 12 have contemporaneously execu~ed a Developmen~ Agreemen.t 'with z ~ ~ ~ W Q ~ j~~ N ~ m ~~3 he Caunty of Butte concerninq said paxcels; ~~ ~~ 0 14 Owners desire to set forth he~'ein their ag~'eement B ~ ~ _ . ~~" o W j5 d u~ders~tandYng concerning ~he responsibiliti.es of each a~ U . ~ ~~ O~u,rner for the develapment to b~ performed by each Owner. ~7 NOW, THEREFORE, IT IS MUTUALLY AGREED as follaws: 18 1. Mutual Cavenants: Each of th~ Owne~s agrees and 19 covenants with the other Owners bvund by this Agreement to ~~ perform certain work as set forth herein in a di~.igent arzd 2~ workmanlike manner. Each of the Owners agrees tha~ in the 22 e~e~~ ~~y Owner fails to perfoacro such work as agreed, ~he 2~ other Owner or Owne~s, upon thirty (30} days' written notice, 24 ~ay per~oarm the work necessary and the cost of s~ch wark 2~ shall be paid by ~he Own.er wha fails to perforzn such work to 26 the Owner or Owner~ requ~.red ta praceed wi~h such w'o~k. -1- j It is ~urther agreed ~ha~ i~ any Ownex is required to 2 take legal action to en~arce the provisi~ns of ~his Agree- ~ ment, the p~evailing party sha11 be entitled to reasonab~e ~ at~orney's fees and costs. ~ 2. Divisian of Develo men~: It is mutually agreed 6 that Owners shall be respons~ble for work as ~ollows: 7 DONALD RAY BROWN: $ (a) DONAZD RAY BROWN sha1.1 pave Thorntree -~o Vispera ~ praperty line; ~~ (b) A.~l roads on DONALD RAY BROWN property shall be 11 canstructed by DONALD RAY BROWN; ~ N ~ N u~'i Z N~2 (c) DONALD RAY BROWN sha17. insta7.1 two (2) 10,000 ~ ~i ~ I~j} ~ ~ j N~ a m ~ 13 qal.~on water tanks and Iines from ~anks to Vispera Drive to ~ ~~~ 0 14 c~nn~cf. to THOMAS P. REED water ~.ine; ~~'~ 0 ~~5 (d) DONALD RAY BR4WN shall i.nstall two (2) f~.re V ~ ~ ~ 1~ hyd~an~s; 17 (e) DONALD RAY BROWN shall ~ns~a~l bersns rrrith 1$ l.andscaping accord~ng to map on DQNALD R.AY BROWN pxoperty; ~9 (f) DONALD RAY BROWN shall water and anain~ain all. 20 b~xms and landscaping on DONALD RAY BROWN property. 21 THOMAS P. REED: 22 (a) THOMAS P. REED is to construct and pave Reed Lane; 2~ (b) THOMAS P. RE~D is to pay ~or paving Tharntree from 24 Vispera p~operty line ta Whitehurch Lane, prorated by acre 2~ four ways iseven acres, WADDLE; seven acres WH~TCHURCH; 26 ~ourte~n acres, REED). -2- 1 2 3 4 5 6 7 8 9 ~0 11 ~ N ~ ~ ~2 z ~ d ~, < ~ ~ m13 ~~u ~ ~ z ~ ~ ~ w ~ ~ ~ ~ J °i 2 ~~ --! ~ U a ~ Q N p W 15 U V ~ S ~ 16 17 1$ 19 20 21 22 23 24 25 26 (~} THOMAS P. R~~D is to install ane (1) 10,000 gallon watex tank wath lines to connect with WADDLE at WADDLE prope~ty line. (d) THOMAS P. REED is to insta~l two (2} ~ire hydran~s. (e) Berms and landscaping is ~o be prorafed with WADDLE and WHITCHURCH; (~) Berms and Iandscaping is to be watered and maintained on REED property by THOMAS P. REED. (g) REED shall pay ~ar drainage that is necessary ~or WHITCHURCH, WADDLE and REED proper~y prorated four (41 ways (WHITCHURCH, seven acres; WADDLE, seven acres; REED, 14 ac~es). MAURZCE E. WHITCHURCH, JO ANN WHITCHURCH, JEFFERY WADDLE and KATHLEEN WADDLE: (a) WHITCHURCH and WADDLE sha11 pay ~ox~ Thorn~.ree Drave pavang from Vispera f.a Whitchurch Lana, prorated by acre four (4) ways (WHITCHURCH, sev~n acres; WADDLE, seven acres; REED, ~.4 acres) . (b) WHZTCHURCH and WADDLE shall pay for paving of Whi~church Lan~, prorated by acre b~tween WHITCHLJRCH a~.d irTADDLE ; {c) WHZTCHURCH and WADDLE shall pay fox drainage that is necessary for WHTTCHURCH, WADDLE and REED prapearty prora~.ed {4) ways (WHITCHURCH, seven acres; WADDLE, seven acres; REED, 14 acres}. -3- 1 2 3 4 5 6 7 $ 9 ~o 11 ~N ~o ~ 12 z ~ ~~ ~, ~ @ ~ ~ z 13 ~ ~ ~~~ ~ o ~ J ~ ~ ~ 0 14 ~ N ~ a ~ Q ~ O w .~ ~ ~ u r ~ ~ 16 17 18 i9 20 21 22 23 24 25 26 (d) WHTTCHURCH a~d WADDLE shali insta~Z one (1) ~0,~00 gallon water tank; (~) WHTTCHURCH and WAD~LE shall install twa {2) fire hydrants and lines. (~} WADDLE shall furn~sh land for ~0,000 gallon water tank to sit upon; {g) WHITCHURCH shall furnish wate~ t~ ~0,000 gallon water tank; (h) WHITCHURCH and WADDLE sha11 water and main~ain landscaping on berms EWADDLE on WADDLE prope~ty; WHITCHURCH on WH~TCHURCH proper~y); (i) WHITCHURCH and WADDLE shall sp~.it the cost of fire hydrants and .~ines. ( j) WHITCHURCH and WADDLE wi~l~. share ~qually the cost of a 1fl,000 gallon tank. (k) Berzns and landscaping shal~ b~ prorat~d four {4} ways (seven acres, WADDLE; seven acres WHITCHURCH; faurt~en ac~es REED). 3. MISCELLANEOUS: The portion af the r~ad an City property is ~o be paved and the cost prorated among the pr~per~y owners in. ~ha fo~.lowing percentages: THOMAS P. REED 26.92 Percent DONALD RAY BROWN 46.~.b P~rcen~ MAtFRICE E. WHITCHURCH and JO ANN S. WHITCHURCH 13.46 Percent ~EFFERY WADDLE and KATHLEEN WADDLE 13.46 Percent -~- 1 2 3 4 5 6 7 $ 9 10 11 N ~ N ~ N 12 z ~. W ~, ~ N ~r~ ¢ ~ ~13 ~ ~ ~ ~ J ~ O ~ ~' ~ J LL '~ ~ 1~ W ~ ~ ~ ~ O x a ~ p M 15 v ~ U 16 17 ~t is agreed between the par~~es that if a pa~ticipat~ ing Owner does not have funds ~or impravements, ather Owners may pay £ar such improvements and record a lien again~t the nonpaying Owner`s praperty for such Owner's portion of the improvements. 3. BzNDING AGREEMENTs It is further agreed that the terms of this Agreement shall be binding upon the heirs, persanal representatives, and assigns o~ the part~es. IN WITNESS WHEREOF, the par~ies have e~ecuted this Agreement as of the day and yE ~ ~~~~~~~ MAURICE E. WHITCHURCH _..__ __. _ __ _-- __ ~~ T " c~c . ~ ~ ~ss. STA~EDFCALlFOR1V,IQu~~e ; COUNTY OF ~~ 19 8 9 _.,before me, the undersigned, a Notary Public in and Eor 9 b ~H ATHLEEN o- , er I~ovem On **DONALD 'RAY BR4WN*~` v ?~ , eared said 51ate, personally app , f=- ~ c m u m E ¢ ~~1~uq111ItUU111fltiS1lliiilU1lt11Sil1ti~ L ";y~~~ N ii personally known to me (or proved to me on the basis of satis- ~r- ~ R~OW ~ OFFICkALSEA ~ti;~~~~~tiii~~~ ~ BA ~~~~ . ~ ~ tactoryevidence}toeetheperson(s)whosename{s)islaresu $ CALI~a~{ty4A ~ TAM TAPN ~ ~ 7 . scribed to the w+khin instrument and acknowledged to me that ~ ~~ NO pR~NCIPAI.OFFICE~N i." LL~ g~S7E C~UN1Y c helshe/they execuled the same. i~~yp~tober 24~tg~ ~ iss4on ExP t4u~ , ~ N ~ ~ WITNESS my hand and official seal. ~~u~ ~y Comm ~~~~y~y~N~~stti~nu~~~~ti~~~~~~~n~~~~~ ~ o ~ {This area for oflicial notarial seal) , 0 ~ ~ Signaku , ; ; _..._.... _ ~I ~ 5- `{y~~a._... /;" ~`."~,~..~. . 1 . ~~scR~Prza~: All that certain real property situate in the Cour~ty af Butte, 5tate of Califosnia, desc~i.bed a~ foJ..~aws: Being a partian of the So~tl~eas~ quarter af the Sou~hwest quarter af Seetion Z, Township 22 t~orth, Range ~ East, M.D.B. & M., and more particularly described as follows: Parcel 3, as 5howr~ on that certain Parcel Map recarded i.n the office of tf~e Reeorder of the County of ~u~te, State of Ca~.~fornia, on January 22, 1981, in Book 81 of Parcel Maps, at page 5~. T~GET~I~R WITN a 60~foot non-exclusive easemen~ for ingress, egress, and pu~lic uti3.ities as shown on said Parcel Map. AL50 TOG~7HER WITH a non-exclusive easernent for raad and p~b~.ic uti]..~ty pu~rpases o~er ~he East 30 feet af the Sau~hwest qua~ter of the South- west q~arter and aver the Sot~th b~ feet of t~e Sauthwes~ quarter of the Southwest quarter af said Section 2, Townshi,p 22 Nortrl, Range ~~ast, M.D.B. & M ~ Said easemer~t is for ~he benefi~ af and appurtenant ~o the Sa~theast quar~er of the Southwest quarter af said Section 2 aE~ave, ar~d sha1~ anuse ta the ber~efit of and may be ~sed by al1 persona who may hereznafte~ become ~he owners of said app~rtenant proper~y or any parts ar partiar~s ~hereof. ~ ~~ ' .":"`r~. 67362 L5 Efatrn No. Lun No. WfiEH REGOROEO 1~1~lL 7'~= Nr, and lira. Jeffery iiaddla ~ ~ 3204 N.E, l3Bth Arenus Vancouver~ Yashta~[on 98662 MAI~ ?A% STATEI+tENT5 TO: SAH£ AS A60YE ~~ J~FIC:IL hf~yN:~S . ~vrTt courlrr.~,: r=. P,ECORDS H~^__:C~pi 1r5~DYAliEY TiTif CG Ju~ 22 !2 ca Pf'.I~4~ ELEAflCgyl.giC1CCR ~ CEERK-SECORGLR f 92-2'~.',6Z uwc~ ~wv[ rnu urt sow w[towwws u++ Oof,ttrFxrlWY TFU~FSFER Trot 2 1 _c«~v~f.d e~ a.~ ~a.~.ao~.«.w..+rwn.~~i~ ]C... ca~nws.e on v~. mr~aus~w er,~r. M. ~+.. er ,~iy r~ e~m ve r~. ~ stie~nv.~ o.~,,, , _ r~. ~p ppLL~TI7`~i ESC&OV CDKP~F! ~ . GRAHT DEED FOA A VALUAfiLE C~TJSI~ERATIUN. rs«M Q~ ~~ ~~~~' SYAN B. LANCFUB.D awd D~a~S LAHGFOAA, Lusband and xiia herehY GRANT~51 u JEFFPHY S~fAI3DLE and H.A'~HI.EEH YADDLB~ Lnsbaad aad viie ~ _ - tM real Mopertl' in the,~ ~II1riCOF~OTBt~Q Caunry ot BnSt• ' ~ ~ 1 ~ ~ S ~RAF~E~ TA%PA7D . StRO~ of CaEilor+~iti d~'~ « ' . •' ~ . ~ `~, . ~ ~ see ~~rr~cs~u Ler~-r. Dssca=PSZOa . ' ~Y"~ : . . . . ~; _ pw^7~ d O"r'~'• ' a ', _ . ~A~v SiowMw+K.1T ~ ~ 1~4d ~S~c s26s L T ' ' CedrV S..+w w~al'vq - ~ d ~ . . . oEdlr.endotvr.a. . . ~ ' . . ' . ' . ., ~ ~ ' . t I . ~ . ~ ~ _ . 2 . - ' ' ' ~ i ~ " • . • • ~ . : . ' ' ~ ~ . ~ Dn 6fATE OF CALIFORNkA . F G O . ~~ ~ COllHTY Of ~ ' ~ w. ~ . . 1 ' -"' FV . ~ o~ ~ . . ks 6Hon ~. th~ N~~ ~ Nen+Y RuNe In rd tar wN. . ' ie.eti pwwnyW ~' r~wrui~mmarm~~~wuwmumm~~nu~~ . ~ ~ , ~ OFFICIAL s~AL s, . ' _ ~~,,~"`~':5~, Ll7CY G STIRNUS n ~ 'w~wwneom~torw~rP~^~wA~awnwn~~."~.a..°~ s a--a:~t~ ~~~ur N~11[ - 4~YWMU~ ' )+t rru~ar~t alKi ~M ~ ~ ({.uXf'! p iN~l ^ ^p~pibtl W 4~~ ~rithin insvum.~t rid KknorA~dfl~d tl~sl . ' ~eevW /M uma z ~~ . [n.m. Frw S~o~. 2I, 1982 z' ~ . ~ ~ ~ . wmwiu~ueuawn~anuuvu~upms~~*~~ MhSNE5$ mY h ~ . ' . ' C. ' (7FL M~ Wr o1flelY now~+~ wll Ei~R1n . . . ib071101l~! LVCY C. ST ~ ~ '- MAIL 7A% STATEMENT5 FlS R{RECFED A80VE ~~ ~ ~. _ . . 1 ~ ,- _-~ . - „ ' .. _~,.. ~ 1 ~ . ~;~~,P,.c.l ~'a : - ~ ~ .. ~,/EjJ ,GAvtIG Go,e ~ _ ' 30 3 o I~r E~elTo ~~GO, e-A~- 9.~92{0 PCJWER OF AT~DRNEY Kl~iC7W ALL MEN BY ~'[-1ESE PI~'SIIdPS: That KATI-IL~N ~DDLE and JEFFERY i~.DDLE the under- signed (jointly and severa.lJ.y, if more than one) hereby make, constitute and appoinY I~N I~AN6FURD my txue and lawful Attorney for me and in my name, place, and stead and for my use~'and benefit: To exercise any or all of the following powers as to real property, described in F'xhibits "A", "B", and "C", attached heneto and inaor{~orated herein, any interest therein and/or any building thereon: To contract for, purchase, receive and take possession thereof and evidence of title thereto; to lease the same for any term or purpose, incluaing leases for business, xesidence, and oil and/or mineyai develo~*r.ent; to sell, e3cchange, grant or convey the same with or without warranty; and to moztgage, transfer in trust, or othexwise enctmiber or hypothecate the same to secu~ce payment of a negotiable or non-negotiable note or perfoi~nance of any obligation or agreement. GIVING and GRANPING unto my sa:i~ Attorneyfull pvwe.r and authority to do and perFonn aJ.l the every act and thing whatsoever requisite, necessasy or appropriate to be done in and about the premises as fully to all iritents and purposes as I might or cou~.d do i.£ personally present, hereby ratifying a1.~ that my said Attorney shal~ ].awfully do or cause to be done by virture of these preseent.. The powers and authority hereby conferred upon my said Attorney shall be applicable to a11 real and personal property or interests ther~in now owned or hereafter acquirec3 by me and wherever sit- uate. My said Attorney is empowered hereby to determine in hi~ sole discretion the t~me when, purpose for and manner in which any power herein conferred upon him shall be ex~rcised, and the conditions, provisions and covenants of any instnunent or docwrent which may be executed by him pursuant hereto; and in the acciua.sion ar disposition o£ real or personal property, my said Iattorney shall have exclusive power to fi~c.the tenns thereof far cash, credit and/or property, and if on credit with or eaithout sec- f ur.ity. The undezsigned, if a rnarried woman, hereby furth~r authorizes and etnpowers my said Attorney, as my duly authorized agent, to join in my behalf, in the execution of any inst~ument by which any canminity real property or any interest herein, now owned or hezeafter acquired by my spouse and myself, or either of us, is sold, leased, esnctisn- bered, or conveyed_ When the context so z~equires, the masculine gender includes the feminine and/or neuter, and the singi.ilar number includes the plural. _ . ___ _. ...__...__-._~L;e • - _~.l d~ of~ . , 19: _.. // STATE OF WASH2NGTON /// /f County o~ Clark an '~his day persondlx t0 111e ltnown to be ~he~ appe~rQd be~ore ~e described zn indipidual `i¢~1' AND ((A~E~ ~ D dcknowledged thatWho eXecuted the w' the same a~ lthin and fore ,~IT~~' going instrument and deed, foY the . and uses and purposes tharezn fientionedand voluntarlgned GTVEN under Y act 19 gg ~Y hand and official seal this 1 day of NO[7~3~ otar - ' Y Publi~ in and,for the Residing at BRUSH p~jj~IE tate of Washington _ oPS-13 (9-89) ~y a~p°intment expir OGT. 20. 1 9?