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HomeMy WebLinkAbout29771~ ~ 3 4 5 6 7 8 9 10 ll 12 : 13 l4 15 15 li 18 19 2[~ 9i ~~ ~ ~~ ~~ `?5 ~~ ~~ ~~ ~ O~dinance No. 2977 AN ORDINANCE RESCINDING, REVOKING AND REPEAL~NG SECTIONS 2 AND 3 OF BUTTE COUNTY ORDTNANCE N~. 2544, PERTAZNING TO THE ZONING OF PROPERTY KNOWN AS THE CANY~N PARK ESTATES II SUBll~VISION~ ', The Board af Supervisors of the County o~ Butte ardains as follows, pursuant to the PEREMPTORY WRIT OF MANDAMUS issued on January 2, 1991, by the Butte County Superior Court in Case No. 92207 entitled BUTTE COUNTY ENVIRONMENTAL COUNCIL v. COtFNTY OF BUTT~. ET AL.: SECTZON 1. Section 2 of Butte County Ordinance 2544 enacted August 5, 198b, r~lating to the zoning of an area described as Lats 1 through 106 as shown on the tentative subdivision map for "Canyon Park Estate I~", as an FR-1 district, is hereby resc~.nded, revoked and repealed. SECTION 2. Section 24-111.5 FR-1. {Faothi.~.~ Recreational) Zone, o the Butte County Code shall re~ain in ~ftect as written in Sect~on of Ordinance No. 2544 ~naoted August 5, 1986, and subsequentl amended by Ordinance No. 2749, enaated May 23, 1989, Ordinance No. 2768, enacted July 18, 1983, and Ordinance No. 2794, enacted N 21, I9$9. SECTION 3. Section 3 of Butte County Ordinance 2544, enacted Augus 5, 1986, relatinq to the zoning af' lats A, B, C and D as shawn on the' tentative subdivision map for the "Canyon Park Estates IZ" subdivisian as an R-C (Resource Conservation) District, is h~reby rescinded, r~voked and repea~ed. SECTION 4. The zoning classi~ication applicable to the hereinafter described property sit~ate in the County of Butte, State of California, s~iall be and it is hereby recoqnized as having reverted to U(Unclassified), and said property sha].1 be subject to the --~.- restrictions and regulations of such zone as specified in Butte Caun~ Code Section 24-195. Said area' so zoned being located in the unincarporated area of Butte County, Chico, and is mo~e particularly described as follvws: The following described Parcels One and Two, excepting there~rom all that property located within 350 feet af the centerline of State Highway 32. 8 9 10 1~ 12 I3 14 15 16 li 18 19 ~~ ~1 ~2 ~~ ~~ `?5 ~~ `?7 ~~ PARCEL ONE All those portions of Sections ~.3, 14, 15, 22 and 23, Township 22 North, Range 2 East, M.D.B. & M., lying Easterly af the Chico and Humboldt Raad and Nartherly and Westerl.y of the following described lane: Beginning at a point on the South 3.ine of said Seati~n 22, 2.6~ chains East af the quarter corner common to Sect$ons 22 and 27; running thence along the Southerly line af the lands heretofore conveyed to Lydia E. W. Bak~r, North 57 degrees 25' East, 1.5~4 chains North 45 degrees 10' East, 2.12 chains; North 25 degrees East 2.12 chains; thence 1.eaving the lines of said Baker Lands, and running North 48 degrees 45' East 2Q4.44 chains to the Northeast corner of' the 5outheast quarter of the northwest quarter o~ said Section 13. Excepting therefram a].l those portions of Secta.ons 15, 22 and 23~ lying Southerly and Westerly of the following d~scribed line: Beginning at a point in the center of the Chico and Humbaldt Road and on the West lin~ of said Section 22, a distance o~ 2~13 feet South af the Northwest corner of said Section, and running thence up the center of said road, North 62 degrees 04~ East, 31.6.1. feet; North 8p degrees 45' East, 536.6 feet; North 51 degrees 30' East, 490.4 ~eet; North 45 degrees 00' ~ast 606.2 feet; North 30 degrees 30' East,. 467.9 f~et; North 56 degrees 45' East, 6~0.5 feet; North 60 degrees 30' East, 673.2 feet; North 59 degrees a0'East, 265.3 feet; North 66 degrees 45' East, 223.7 feet; North 32 degrees 08' East, 256.7 feet to a po~nt on the North lin~ of said Sect~.on 22, a distance of ~719.3 ~eet West af the Northeast corner -2- ~ 6 7 8 9 l ll ll 12 13 14 15 1~ li 1 f~ 19 ~~ ~ 2i ~~ ~~ `~ 3 ~q ~~ 9~j 07 ~~ thereof; thence continuing ~n said road North 26 degr~es 30' East, 753.8 feet to the true paint of beginning f or the 1.ine herein described; thence from said true point of beginning 1.eaving said road, South 48 degrees 11' East, 3814.5 feet to a point an the Northerly ~ine o~ the ~ands of Stephen Me1.~.ne and the end of said l~.ne. Alsa excepting therefrom the following described property: A por.tion of Sections 14, 15, 22 and 23, Townshi.p 22 North, Range 2 East, M.D.B. & M., more particularly described as follows: Beginning at a point in the c~nter of the Chico and Humboldt Road and on the West line af said Section 22, a distance of 2413 feet South o~ the Northwest corner of said Section, and running thenae up the center of said road, North 62 degrees 00' East, 316.1 f~et; North 80 degrees 45' East, 536.6 feet; North 51 degrees 30' East, ~90.4 feet; North 45 degre~s d0' East 605.2 feet; North 30 degrees 30' East, 4&7.9 feet; North 56 degrees 45' East, b10.5 feet; North 64 degrees 30' East, 673.2 feet; North 59 degrees 00' East, 2G5.3 feet; North 66 degrees 45' East, 223.7 feet; North 32 degrees 08' East, 25b.7 feet to a point on the North 1.ine of sai.d Section 22 ~ a distance of 17~9.3 ~eet West of the Nartheast corner thereof; thence continuing up said road, North 25 degrees 30' East, 753.8 feet to a point; thence continuing Northeasterly along the cente~ o~ said road a distance of 60.0 feet to th~ true paint of beginning far the parcel herein described; thence from sa~.d true point of begi.nning running Southwesterly along the center of said Chico and Humboldt Road, a distance of f0.0 feet to a point; thence leaving said road South 48 degrees 11~ East, a distance of 38~~.5 feet to a point on the Northerly line of the lands of Stephen Mel.ine; thence. along the last mentianed line North 48 degrees 45' East, 2700.0 feet, more or less, to the South ~ine ot said Section 14; thence Northwester~y in a straight line to the true point of beg~.nning. PARCEL TWO The South half of the South half of Sectian ~~. and the Southwest quarter of the Southwest quarter af Section 12 and all that portion of -3- ~ the Sauth half of the Southeast quarter o£ Section 10, lying Easterly of the State w Hiqhway, a11 in Township 22 Nvrth, Range 2 East, M.D.B. & M. 3 SECTION 5. The zoning regulations applicab~e to the hereinafte 4 ~ described property situate in the County of Butte, State o 5 . California, is hereby recognized as having reverted to SH (Sceni 6 Highway) and said property sha~l be subject to the restrictions an 7 regulatians of such zane as specified in Butte County C~de Section 24 S 156. 9 Said property so zoned is located in the unincorparated area a 1 {1 Butte County, ChS.co, more particularly described as to1.3.ows: 11 ~2 Al~. that certain real property situate in the County of Butte, 5tate of California, ~~ described as follows: ~4 That partion of the fo].lowing described Parcels One and Twa located within 350 ~eet of ~5 the centerline of State H~ghway 32: I~ PARCEL ONE 1! All those portions af Sections 3.3, 14, 15, 22 and 23, Township 22 North, Range 2 East, ~~ M.D.B. & M., lying Easterly of the Chico and Humboldt Road and Northerly and Wester~y of ly the follawing described iine: ~~ Beginninq at a paint on the South li.ne o~ said ` Section 22, 2.61. chains East of' the quarter 2~ corner common to Sections 22 and 27; running thence alang the Southerly line of the lands ~2 heretofore canveyed to Lydia E. W. Baker, ~ North 57 degrees 25' East, 1..5~ chains North ~~~ 45 degrees ~.0' East, 2.12 chains; North 25 "' degrees East 2.12 chains; thence leaving the ~~ lines of said Baker Lands, and running North ~ 48 degrees 45~ East 204.44 chains to the 95 Northeast corner of the Southeast quarter of the northwest quarter of said Section 13. ~~ Excepting there~rom all those parta.ons of n~ Seations 15, 22 and 23 iying Southerly and ` Westerly of the follawing described 1.ine: oH ~ _~_ 9 3 4 5 6 7 8 9 l~ Il 12 13 ~4 l5 16 li i8 19 ~~ ~ 21 ~2 `?3 ~~ 25 9F `?i 2~ B~ginning at a point in the center o~ the Chico and Humboldt Road and on the West line of said Sectian 22, a distance o~ 2413 feet Sauth of the Northwest corner of said Sectian, and running thence up the c~nter af said raad, North 62 d'egrees 00' East, 3~6.1 feet; No~th 80 degrees 45' East, 536.6 feet; North 51 degrees 30' East, 490.4 feet; North 45 degrees 00' East &06.2 feet; North 3D degrees 3q' East, 467.9 feet; North 56 degrees 45' East, 61Q.5 feet; North 60 degrees 30~ East, 673.2 feet; North 59 degrees OO~East, 2&5.3 feet; North 66 degrees 45' East, 223,7 feet; North 32 deg~ees 08' East, 256.7 feet to a point on the North line of sa~d Section 22, a d~stance of 1719.3 feet West of the Northeast corner thereo~; thence continuing on said raad North 26 degrees 30' East, 753.8 ~eet to the t~ue point ot beginning ~or the line herein described; thence from said true point of beginning leaving said road, Sauth 48 degrees 11' East~ 381~.5 feet to a point on the Norther~y lzne af the lands of Stephen Me~ine and the end of said 1ine. Aiso excepting therefr~m the ~o11ow3ng described property: A portion of Sections ~4, 15, 22 and 23, Township 22 North, Range 2 East, M.D.B. & M., more particuiarly described as fol~ows: Beginning at a point in the center of the Chico and Humboldt Road and on th~ West line of said Section 22, a distance of 2413 feet South of the Northw~st corner of said Section, and running thence up the center of sa~d raad, North 62 degrees aa~ East, 3~G.~ feet; North 80 degrees 45' East, 536.6 feet; North 51 degrees 30' East, 490.4 ~eet; North 45 degrees 00' East 606.2 ~EEt~ North 34 degrees 30' East, 467.9 feet; North 56 degrees 45' East, &10.5 feet; Narth 60 degrees 30' East, 673.2 feet; North 59 degrees 00' East, 265.3 feet; North 66 degrees 45' East, 223.7 fe~t; North 32 degrees 08' East, 256.7 feet to a point on the North line of said Sect~on 22, a distance of 1719.3 feet West of the Northeast corner thereaf; thence continuing up said raad, North 26 degrees 30' East, 753.8 feet to a point; thence continuing Northeasterl.y a~ong the center of said road a distance of 50.0 feet to the true point of beginning for the parce~. herein descr~.bed; thence fi"rom said true point of beginning running Southwesterly along th~ -5- 1 ~ 3 4 5 6 7 S 9 10 li 12 13 1Q 15 1~ Ii i8 19 20 21 ~2 ~ `?3 ~~ 25 ~~ n~ ~~ center af said Chico and Humboldt Raad, a distance of 60.q feet to a po~nt; thence leaving said road South 48 degrees 11' East, a distance of 3814.5 feet to a point on the Northerly line of the lands of Stephen Meline; thence a~ong the last mentioned line North 48 degrees 45' East, 2700.0 ~eet, more or less, to the South line of said Section 14; thence Northwesterly in a straight line to the true point of beginn~ng. PARCEL TWO The South half of the South hal~ of Section ~.l and the Sauthwest quarter of the Southwest quarter o~ Section 12 and all that portion of the Sauth half of the Southeast quarter of Sect~.on 10, lyinq Easterl.y of the State Highway, aIl in Township 22 Narth, Range 2 East, M.D.B. & M. SECTION 6. Seve~-ability. Tf any part o£ this ordinance shall be hel+ void by a court af comp~tent jurisdiction, such part sha~l be deame+ severabl.e, and the invalidity thereof sha1.1 not affect the remainin~ parts of this ordinance. SECTION 7. This 4rdinance sha11 be and it is hereby declared ta be i fu~.l force and effect fram and after thirty (30) days a~ter the dat of its passage, and before the expiration o£ fifteen (15) days atte its passage, this Ordinance sha11 be published once with the names o the membars of the Board af Superviso~s voting for and against it in the Chi co Enterpri se Record , a~~W~P~Per pub].ished in the Caunty of Butte, State of Califarnia. /// /// lll lll lll -6- 1 ~ 3 4 5 6 7 8 9 1(1 Il 12 l3 14' 15 l ~i li 18 19 ~~ ~ 21 ~2 ~~ ~~ `?5 ~~ ~~ h~ PASSED AND ADOPTED by the Board of Supervisors of th~ County of Butte, State of Cal.ifornia, on the 7th day of ~anuary .._, 1992, by the following vote: ~ AYES: Supervisors Houx, t~cLaughli~, Fulton and Chair po7an ' NOES : None ABSENT: Supervi sor McInturf N4T VOTING: pdone Bu OLAN4, Chair of the County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Cler of the Board By ~ {2544.ord) --'] -