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BOARD OF SUPERVISORS
Minute Order No, oso5-o~2
MEETING DATE: February 28, 2006
ITEM SUBJECT: Zoning Boundary Correction (APN 047-7I0-001).
BILL CONNELLY
First District
JANE DOLAN
Second District
MARY ANNE HOUX
Third District
CURT JOSIA55EN
Fourth District
KIM K. YAMAGUCHI
Fifth District, Chair
ITEM DESCRIPTION: Approval was requested for a zoning boundary correction for
APN 047-710-001. A zoning boundary is located between the
SR-1/PD {Suburban Residential - 1 acre minimum parcel
size/Planned Development) and the OSIPD (Open SpacelPlanned
Development) zones on the property. The applicable Rezone and
Specific Plan Amendment approved on the property (Ordinances
3462 and 3463) indicate that the SR-1/PD zone was to include
126.1 acres and the OSIPD zone was to include i 03.1 acres.
When area amounts were calculated for these areas based on the
Official County Zoning Map, they did not equal the required
acreages. To correct the problem new legal descriptions have
been written to provide for the correct acreages. The new legal
descriptions would allow for a correction to the Official County
Zoning Map.
BOARD ACTION TAKEN: APPROVED THE CORRECTED LEGAL DESCRIPTIONS
FOR ORDINANCES 3462 AND 3463 AS DETAILED IN THE
AGENDA REPORT; AMEND THE M-1 ZONE BOUNDARY
LINE ADJACENT TO MUD CREEK; AND INSTRUCT STAFF
TO SHOW THESE CORRECTIONS ON THE OFFICIAL
BUTTE COUNTY ZONING MAP.
VOTE: Ayes: Supervisors Connelly, Yamaguchi and Chair Josiassen.
Noes: Supervisors Dolan and Houx
Absent: None.
Not Voting: None.
.......................................................................
Motion Carried.
CERTIFICATION: I hereby certify that the above action was taken by the Butte
County Board of Supervisors on the date listed above and that the
action has not been revised, amended or rescinded as of
Clerk of the Board
6, 2006
Legal Description for SR~1/PD ZONE
Beginning at the Northwest corner of Section 33, T23N, R1 E, MDB&M, thence
North 89°05'27" East along the North boundary of Section 33, 874.93 feet;
#hence South 60°19'08" East, 367.fi0 feet;
thence South 30°39' 14" East, 448.23 feet;
thence South 00°11'01" West, 991.93 feet;
thence South 50°32'22" West, 328.15 feet;
thence Sou#h 14°28'55" West, 632.45 feet;
thence South 29°41'58" East, 676.72 feet;
thence South 25°15'50" East, 4'14.33 feet;
thence South 10°47'56" East, 76.94 feet to a point 50.00 feet Northerly of the
North Easement Line of Mud Creek, said line being described in Book 1302,
Page 485 of Official Records, Butte County;
thence Southwesterly along a line lying parallel with and 50 feet Northwesterly of
said Easement Line the following 13 courses;
1. thence along anon-tangent curve concave to the Southwest, said cur-re
having a central angle of 48°33'20", a radius of 410.00 feet, and a length
of 347.46 feet, the center of said curve bears South 10°48'09„ East,
410.00 fee#;
2. thence North 59°21'29" West, 7.00 feet;
3. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 1fi°32'05", a radius of 417.00 #eet, and a length
of 120.34 feet, the center of said curve bears South 59°21'29" East,
417.00 feet;
4. thence south 14°06'26" West, 5.62 feet;
5. thence along a curve concave to the Northwest, said curve having a
central angle of 20°01'22", a radius of 283.00 feet, and a length of 98.90
feet;
6. thence South 34°07'48" West, 264.98 feet;
7. thence-along acurve-concave-to-the...Northwest; said curve having.a..
central angle of 10°33'37", a radius of 1433.00 feet, and a length of 264.12
feet;
8. thence South 44°41'26" West, 241.73 feet;
9. thence along a curve concave to the Northwest, said curve having a
central angle of 36°03'25", a radius of 333.00 feet, and a length of 209.58
feet;
10. thence South 80°44'50" West, 114.15 feet;
11. thence along a cun-e concave to the Southeast, said cun-e having a
central angle of 28°28'59", a radius of 667.00 feet, and a length of 331.58
feet;
12.thence South 75°26'S0~ West, 29.45 feet;
13.thence South 48°52'47" West, 38.23 feet to the Westerly line of Section
33;
thence North DO°10'30 West 2031.56 feet along West boundary of Section 33 to
a 3" Brass Cap stamped "LS 3525 marking the West °/4 Corner of Section 33;
thence continuing along the West boundary of Section 33, North 00°24'40" West
2640.71 feet to the point of beginning.
Containing 125.51 Acres.
~PID
V 1esEie W. Coke. ~1
~ ~~
Ne.5712 Q,
Leslie W. Coke L.S. 5712 ~fqT£ A~,~o~~
Registration Expires 9-30-07 0~ ~
ATTACHMENT C
Legal Description for DSIPD ZDNE
Beginning at a point on the North line of Section 33, T23N, R1 E, MDB&M, which
bears North 89°05'27" East 874.93 feet from the Northwest corner of said
Section 33,
thence South 60°19'08" East, 367.60 feet;
thence South 30°39'14" East, 448.23 feet;
thence South OD°11'D1"West, 991.93 feet;
thence South 50°32'22" West ,328.15 feet;
#hence South 14°28'55" West, 632.45 feet;
thence South 29°41'58" East, 676.72 feet;
thence South 25°15'50" East, 414.33 feet;
thence South 10°47'56" East, 76.94 feet to a point 50.00 fee# Northerly of the
North Easement Line of Mud Creek, said line being described in Book 1302,
Page 485 of Dfficial Records, Butte County;
thence Southwesterly along a line lying parallel with and 50 feet Northwesterly of
said Easement Line the following 13 courses;
1. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 48°33'20", a radius of 4'10.00 feet, and a length
of 347.46 feet; the center of said curve bears South 10°48'09" East,
410.00 feet;
2. thence North 59°21'29" West, 7.00 feet;
3. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 16°32'05", a radius of 417.00 feet, and a length
of 120.34 feet, the center of said curve bears South 59°21'29" East,
417.00 feet;
4. thence South 14°06'26" West, 5.62 feet;
5. thence along a curve concave to the Northwest, said curve having a
central angle of 20°01'22, a radius of 283.00 feet, and a length of 98.90
feet;
6_ thence South-34°0T4$n West; 264-:98-feet;
7. thence along a curve concave to the Northwest, said curve having a
central angle of 10°33'37", a radius of 1433.00 feet, and a length of 264.12
feet;
8. thence South 44°4'1'26" West, 241.73 fee#;
9. thence along a curve concave to the Northwest, said curve having a
central angle of 36°03'25", a radius of 333RD feet, and a length of 209.56
feet;
10.thence South 80°44'50" West, 114.15 feet;
11.thence along a curve concave to the Southeast, said curve having a
central angle of 28°28'59", a radius of 6fi7.OD feet, and a length of 331.58
feet;
12.thence South 75°26'50" West, 29.45 feet;
13.thence South 48°52'47 West, 38.23 feet to the Westerly line of Section
33;
thence South OD°'10'30" East, 516.12 #eet along said Westerly line of Section
33, to a point on the South easement trine of Mud Creek as described in Book
1302, Page 485 of Official Records, Butte County;
thence along said South easement line the following 19 courses:
1. thence North 64°48'50" East, 82.23 feet (shown as North 64°38'50" East,
82.23 feet on 1302 O.R. 485);
2. thence North 62°13'00" East, 82.'10 feet {shown as North 62°03'00" East,
82.10 feet on 1302 O.R. 485);
3. thence North 57°32'41" East, 490.00 feet (shown as North 57°22'41" East,
490.00 feet on 1302 O.R. 485};
4. thence along a curve concave to the Northwest, said curve having a
central angle of 10°44'44", a radius of 1516.00 feet, and a length of 284.32
feet;
5. thence North 46°47'57" East, 293.71 feet (shown as North 46°37'57" East,
293.71 feet on 1302 O.R. 485);
fi. thence South 88°12'03" East, 39.60 feet {shown as South 88°22'03" East,
39.fi0 feet on 1302 O.R. 485);
7. thence North 46°47'57" East, 59.00 feet {shown as North 46°37'57" East,
59.00 fee# on 1302 O.R. 485};
8. thence North 01°47'57" East, 39.60 feet (shown as North 01°37'57" East,
59.00 #eet on 1302 O, R. 485);
9. thence North 4fi°47'57" East, 50.00 feet (shown as North 46°37'57" East,
50.00 feet on 1302 O.R. 485);
10.thence North 43°12'03" West, 58.DD feet (shown as North 43°22'03" West,
58.00 feet on 1302 O.R. 485);
11. thence North 30°05'00" East, 375.00 feet (shown as North 29°55'00" East,
375.00 feet on 1302 O.R. 485);
12. thence North 40°20'00' East; 160:OD feet...(shown as North 40°1 D'OD" Easty
160.00 feet on 1302 O.R. 485};
13.thence North 25°22'00„ East, 113.00 feet (shown as North 25°12'00" East,
113.00 feet on 1302 O.R. 485);
14.thence North 41°17'00„ East, 146.00 feet (shown as North 41 °07'OQ" East,
146.00 feet on 1302 O.R. 485);
15.thence North 53°18'00" East, 80.00 feet {shown as North 53°08'00" East,
$0.00 feet on 1302 O.R. 485);
16.thence North 78°24'00» East, 245.00 feet {shown as Noah 78°14'00" East,
245.00 feet on 1302 O.R. 485};
17. thence North 78°03'00" East, 348.00 feet {shown as North 77°53'00" East,
348.00 feet on 1302 O.R. 485);
18. thence North 52°03'00" East, 147.00 feet (shown as North 51°53'00" East,
'147.00 feet on '1302 O.R. 485};
19.thence North 40°22'20" East, 544.54 feet (shown as North 40°12'20" East,
546.46 feet on '1302 O.R. 485} to a paint on the North-South centerline of
said Section 33;
thence along the North-South centerline of said Section 33, North 00°16'25»
West, 1326.56 feet;
thence North 32°39'32" West, 2004.23 feet to the North fine of said Section
33;
thence along said North line of Section 33, South 89°05'27" West, 693.04 feet
to the paint of beginning.
Containing 103.17 acres
~,~ID
~ / /~ ~ ~ Ga Leslie W. Coise 'j3
~~ `~~
Leslie W. Coke L.S. 5712 ~'®' X72 ~~~'
Registration Expires 9-30-07 ~q~F OF GA~`~o
ORDINANCE NO. 3463
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN
REAL PROPERTY LOCATED ON THE WEST SIDE OF HICKS LANE, NORTH OF
MUD CREEK AND SOUTHERLY OF THE NORTH LINE OF SECTION 33 T.23N.
R.1 E.
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The Board of Supervisors of the County of Butte, State of California, under
and pursuant to California Government Code Section 65864 et seq., Butte County Board of
Supervisors Resolution 84-160, and Section 24-25.40 of the Butte County Code ,ORDAINS,
as follows:
SECTION 1. That the Development Agreement with Robert and Ann
Stephens in the form attached hereto as Exhibit "A" and incorporated herein by this
reference, is approved.
SECTION 2. The Chairman is authorized to execute the Development
Agreement in the form attached.
SECTION 3. Following the complete execution of the Development
Agreement, the Clerk of the Board of Supervisors shall cause a copy thereof to be recorded
with the Butte County Recorder.
SECTION 4. This Ordinance is hereby declared to be in full force and
effect thirty (30) days after the date of it's passage and before the expiration of fifteen (15)
days after it's passage, this Ordinance shall be published once with the names of the members
of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by he Board of Supervisors of the
County of Butte, State of California, on the 1st day of December, 1998, by the following
vote:
AYES: Supervisors Beeler, Dolan, Houx, and 7osiassen
NOES: None
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ABSENT: None
NOT VOTING: Chair Davis
ATTEST: 70HN S. BLACKLOCK, Chief Administrative
Officez and Clezk of the Board
lezk
Pursuant to Government Code Section 25124(c):
Pub3.ication date: January 4, 1999
Effective date: Rebruary 3, 1999
Butte County Board of Supervisors
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DEVELOPMENT AGREEMENT
BY AND BETWEEN BUTTE COUNTY AND DOUGLAS N. GUNK, TRUSTEE
OF THE ROBERT AND ANN STEPHENS
CHARTABLE REMAINDER UNIETRUST, ET AL.
This Development Agreement is entered into this 1st day of December, 199$, by and
between BUTTE COUNTY, a political subdivision of the State of California, hereinafter
"County," and DOUGLAS N. GUNN, Trustee of the Robert and Ann Stephens Charitable
Remainder Unitrust, hereinafter collectively "Landowner," pursuant to the authority of Sections
65864 through 65869.5 of the Government Code of California.
Recitals
A. A h riz ti n. To strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California adopted Section 65$64, ~ ~., of the Government Cade
{the "Development Agreement Statute"), which autl-orizes the County and an applicant for a
development project to enter into a development agreement, establishing certain development
rights in the Property which is the subject of the development project application.
B. Property. The subject of this Agreement is the development of an approximately
230 acre portion of that certain parcel of land, identif ed as APN 047-250-141 consisting of a
total of approximately 300 acres, located in the unincorporated area of Butte County within the
North Chico Specific Plan area (the "NCSP") as described in Exhibit "A-1" and shown on Exhibit
"A-2" (hereinafter the "Property"), attached hereto and incorporated herein by this reference.
Landowner represents that all persons holding legal or equitable interests in the Property shall
be bound by the Agreement.
Page 1
C. Hearing. On August 27, 1998, the County Planning Commission, designated by
Butte County Resolution No. 84-160 as the planning agency for purposes of development
agreement review pursuant to Government Code Section 65867, in a duly noticed and conducted
public hearing, considered this Agreement and recommended that the Board of Supervisors
approve this Agreement.
D. Environmental Documents. On December 1, 1998, the Board of Supervisors, in
Resolution 98-172, adopted a Mitigated Negative Declaration for the Entitlements which tiered
off of the NCSP Environmental Impact Report (EIR). Mitigation measures were included in the
Mitigated Negative Declaration and are incorporated, pursuant to the requirements of the
California Environmental Quality Act ("CEQA"), in the terms and conditions of this Agreement,
as reflected by the f ndings concurrently adopted by the Board of Supervisors with this
Agreement.
E. Entitlements. The Board of Supervisors has approved the following land use
entitlements far the Property, which entitlements are the subject of this Agreement:
{1) Amendment to the North Chico Specific Plan, as adopted by Resolution
No. 98-172, for 229.2E acres;
(2) The Rezoning of the Property from SR-1 and SR-1/OS acres to Planned
Development SR-1/PD on 126.1E acres which generates the ability to
develop up to 126 units (single-family home lots) and from OS to OS/PD
on 103.1E acres which generates the ability to develop up to 34 additional
units for a total of 160 units, pursuant to Ordinance No. 3462, dated
December 1, 1998; and
{3) This Development Agreement, as adopted by Ordinance No. 3463, dated
December 1, 1998.
The approvals-described in-paragraphs E (1)_through (3); inclusive; together with all County
rules, ordinances, regulations and policies applicable thereto adopted and in effect as of the
effective date of this Agreement, are referred to herein as the "Entitlements."
Page 2
F. ~7~nPr~l end Specific Plans. Development of the Property in accordance with the
Entitlements and this Agreement is consistent with and will provide orderly growth and
development of the area in accordance with the policies set forth in the General Plan and NCSP
and the County Ends and declares that this Agreement is consistent with the General Plan of
Butte County and with the North Chico Specific Plan, For purposes of the protection granted
by this Agreement, except as otherwise provided herein, the applicable law shall be as set forth
in the Entitlements as of the date hereof.
G. Substantial Costs to Landowner. Landowner has incurred and will incur
substantial costs in order to comply with conditions of approval of the Entitlements and to assure
development of the Property in accordance with the Entitlements and the terms of this
Agreement.
H. Services and Facilities to b~ Provided. Development of the Property will result in
a need for certain municipal services and facilities, some of which will be provided by County
to such development through the implementation of the NCSP and some of which will be
provided by Landowner subject to the performance of Landowner's obligations hereunder.
Landowner agrees to contribute to the costs of certain public facilities and services as required
herein to mitigate impacts on the community of the development of the Property, and County
agrees to implement the NCSP to assure that Landowner may proceed with and complete
development of the Property in accordance with the terms of this Agreement. If County specifies
that Landowner provide contributions of land or money, other than the dedication of the drainage
easement right-of way depicted in Exhibit "B", for public improvements which exceed
requirements to mitigate impacts arising as a result of development entitlements on the Property,
County shall reimburse Landowner in the manner specified in Section 4.3 of this Agreement.
I. Development Agreement Resolution. County and Landowner have fulfilled all
requirements set forth in the Development Agreement Resolution of the County of Butte,
Resolution No. 84-160, adopted by the Board of Supervisors on October 2, 1984, as amended.
Page 3
I. AGREEMENT
SECTION 1: GENERAL PROVISIONS
1.1 Incorporation of Recitals. The Preamble, the Recitals and all defined terms set
forth in both are hereby incorporated into this Agreement as if set forth herein in full.
1.2 Prap~ Description and Binding,,,Gpv,_enants. The Property comprises those
portions of that property identified as APN Q47-250-141 and described in Exhibits "A-1" and "A-
2". It is intended and determined that the provisions of this Agreement shall constitute covenants
which shall run with the Property and the benefits and burdens hereof shall bind and inure to all
successors in interest to and assigns of the parties hereto. Accordingly, alt references herein to
"Landowner" shall mean and refer to DOUGLAS N. GUNK, Trustee of the Robert and Ann
Stephens Charitable Remainder Unitrust, and each and every subsequent purchaser or transferee
of the Property ar any portion thereof from Landowner.
1.3 Term.
1.3.1 Commencement, Expiration. The term of this Agreement shall commence
upon the effective date of the Adapting Ordinance approving this Agreement. This Agreement
shall extend far a period of fifteen (15) yeazs thereafter, unless said term is terminated, modified
or extended by circumstances set forth in this Agreement or by mutual consent of the parties
hereto. Following the expiration of the term, this Agreement shall be deemed terminated and of
no further force and effect; provided, however, said termination of the Agreement shall not affect
any right or duty nor the ability toconstruct any improvements, facilities, buildings or the like
partially or completely constructed emanating from County entitlements on the Property approved
prior to, concurrently with, or subsequent to the expiration of this Agreement. At the date of
recordation of part or all of Final Subdivision Map{s), this Agreement shall terminate as to those
maps or parts of maps so recorded, unless specifted otherwise in Subdivision Agreements or
other agreements between Landowner and County regarding the timing, payment, security or
other arrangements for site development or improvement installation or related matters. County
- - - - -----shall-cause any-written-notice ofterminatian-approved-pursuant to-this subsection-ta-be recorded.
against the applicable parcel, at Landowner's expense, with the County Recorder.
1.3.2 Termination T,~jon Mutual A,preement. This Agreement may be terminated
upon the written mutual agreement of the parties.
Page 4
1.4 Amendment of Agreement. This Agreement maybe amended from time to time
by mutual consent of County and Landowner, in accordance with the provisions of the
Development Agreement Statute. The parties acknowledge that under the County Zoning Code
and applicable rules, regulations and policies of the County, the Director of Development
Services has the discretion to approve minor modifications to approved land use entitlements
without the requirement far a public hearing or approval by the Board of Supervisors.
Accordingly, the approval of any minor modifications to the Entitlements consistent with this
Agreement shall not constitute nor require an amendment to this Agreement to be effective.
1.5 Recordation. The County shall cause this Agreement, any amendment hereto and
any termination thereof to be recorded, at Landowner's expense, with the County Recorder within
ten (10) days of this Agreement, amendment or termination becoming effective.
SECTION 2: DEVELOPMENT OF THE PROPERTY
2.1 Permitted Uses. The permitted uses of the Property, the maximum density and
intensity of use, the maximum height and size of proposed buildings, provisions far reservation
ar dedication of land for public purposes, and location of public improvements, and other terms
and conditions of development applicable to the Property shall be those set forth in the
Entitlements and in this Agreement.
2.2 Vested Entitlements. Subject to the provisions and conditions of this Agreement,
County agrees that County is granting, and grants herewith, the Entitlements set forth in Recitals
E., above. Landowner's vested right to proceed with the development of the Property shall be
subject to subsequent approvals, including without limitation, environmental review as required
by CEQA, tentative subdivision maps, final subdivision maps, grading permits, building permits,
final inspections, etc., provided that any conditions, terms, restrictions and requirements for such
subsequent approvals shall be consistent with the Entitlements set forth in Recitals E., above.
As specified in Government Code Section 65866, this Agreement shall not prevent County from
applying new rules, regulations ar policies which do not conflict with existing rules regulations
or golicies applicable to the property or prevent the County from...approving, conditionally..
approving or denying any subsequent development project applications on the basis of existing
or new rules, regulations, and policies.
Page 5
2.3 Existing Improvements. It is recognized that the property is developed with
an existing single family residence that is located with the 4S/PD zone. The existing dwelling
will be allowed to remain as apre-existing non-conforming use and shall be counted as one of
the 34 Density Transfer Units {DTUs) described in Section 3.4. As such, the net number of
DTUs shall be 33 unless the existing residence is removed in which case the tota134 DTUs may
be transferred. Any reference to 34 DTUs in this document shall take into account the preceding
limitation.
2.4 Rules, Regulations and Official Policies.
2.4.1 Inconsistency. To the extent any future rules, ordinances, regulations or
policies applicable to development of the Property are inconsistent with the Entitlements as
provided in this Agreement, the terms of the Entitlements and this Agreement shall prevail, unless
the parties mutually agree to alter this Agreement.
2.4.2 AA~lcation_of Changes. This section shall not preclude the application to
development of the Property, of changes in County laws, regulations, plans or policies, the terms
of which are specifically mandated and required by changes in State ar Federal laws or
regulations. In the event State or Federal laws ar regulations enacted after this Agreement has
been executed, or action of any governmental jurisdiction, prevent, delay or preclude compliance
with one ar more provisions of this Agreement, or require changes in plans, maps or permits
approved by County, the parties agree that the provisions of this Agreement shall be modified,
extended or suspended as may be necessary to comply with such State and Federal laws or
regulations or the regulations of other governmental jurisdictions. Each party agrees to extend
to the other its prompt, good faith and reasonable cooperation in so modifying this Agreement
or approved plans.
2.4.3 Authori of County. This section shall not be construed to limit the
authority or obligation of County to hold necessary public hearings, or to limit discretion of
.........................County or any of its officers or officials with regard to rules, regulations, ordinances, .laws and...
entitlements of use which require the exercise of discretion by County ar any of its officers or
officials, provided that subsequent discretionary actions shall be consistent with the uses and the
density and intensity of development as provided by the Entitlements and this Agreement, in
effect as of the effective date of this Agreement.
Page 6
SECTION 3: LANDOWNER OBLIGATIONS
3.1 Dr 'n m n D i i .Landowner shall dedicate and County shall accept
an easement substantially as depicted on Exhibit "B", for construction and maintenance of
drainage improvements to consist of a connector canal between Keefer Slough and Mud Creek
and necessary intake and outfall structures as maybe proposed by the Army Corps of Engineers.
Transfer of the easement and recordation will occur simultaneously with Development
Agreement execution and recordation. Landowner shall only be obligated to pay Landowners
proportionate share for design, construction, and maintenance of the drainage facilities if such
share is lawfully imposed through fees or assessments adopted by or on behalf of a County
Service Area or Assessment District or other similar entity to design, construct, ar maintain said -
facilities for the general area The parties agree that a new deeded easement shall be substituted
if recommendations from the Army Carps of Engineers change the location or dimensions of the
previously deeded easement.
3.2 I7ra_...inage Mitigat~n, Landowner shall create, or link the connector canal to,
topographic features or facilities which will serve as detention basin(s) or equivalent means to
mitigate stormwater runoff from the Property during peak storm events to a level that is at least
ten percent (10%) below pre-development runoff conditions.
3.3 Ai r ~ n .Landowner will comply with the Airport Land Use
Commission (ALUC) conditions, both required and recommended, from ALUC's August 20,
1998 consistency f ndings transmittal as set forth in Sections 3 and 4, in attached Exhibit "C",
as amended by the Board of Supervisors on December 1, 1998, in order to minimize noise and
safety concerns regarding the Chico Municipal Airport (CMA) when exercising the Entitlements
agreed to in this document and described in Section 3.4 immediately below. Said conditions are
as follows:
1. The minimum lot size for any parcel shall not be less than 8,125 square feet if
served by individual wells and on-site sewage disposal systems, or 6,500 square
feet if public sewage disposal service is provided,
. ...............
2. Residential development shall be restricted to those portions of the 126 acre SR-
11PD area that are located outside of the projected 55 dB CNEL contour as
Page 7
depicted on Exhibit IQ-1 within the 1995 Chico Municipal Airport FAR Part 150
Noise Compatibility and Environs Plan.
3. Residential densities within the Inner Turning Zone shall be restricted to the
densities recommended within the 1993 Airport Land Use Planning Handbook
(nor more than one dwelling unit per two acres) to protect the safety of aircraft and
persons on the ground. Residential, densities within the Traffic Pattern Zone shall
not exceed 6 units per acre.
4. Residential dwelling units shall be designed and constructed to achieve an interior
noise level of na mare than 45 dB. -
S. The property owner shall sign an avigatian easement granting the right of
continued use of the Chico Municipal Airport in the airspace above the subject
parcel and acknowledging any and all existing or potential airport operational
impacts.
6. The project proponents and the County shall devise enhanced airport operations
disclosure measures which include deed notices, public notices, inclusion of
information in the Department of Real Estate Public Report, and signage along the
entrances to the project.
7. All land use shall be restricted from creating large concentrations of people that
would result in the gathering of more than 60 persons per acre within the Inner
Turning Zone or 150 persons per acre within the Traffic Pattern Zone at any one
time.
S. Land uses shall be prohibited that create bright lights, smoke, particulate
emissions, or allow far the storage of hazardous, flammable or explosive materials
above ground.
9. AlI project lighting shall be directed within the project site and shielded to prevent
adverse impacts on adjacent properties and aircraft flight activities.
Page $
10. Section 3.3 of the Development Agreement shall be modified to reference those
conditions required and recommended in Sections 3. A and 4. "A through H" in
the Butte County Airport Land Use Commission's August 19, 1998 Findings
relative to the Draft Development Agreement.
I1. Section 3.4 of the Development Agreement shall be revised to reflect the
applicants' commitments to the Board of Supervisors and the ALUC regarding the
Airport Land Use Commission's review of the tentative subdivision map to create
the 34 Density Transfer Units (DTU's) within the 126 acre portion of the property
ar other property located within the North Chico Specif c Plan Area.
The Development Agreement shall stipulate that the tentative subdivision map to
create 34 DTUs within the 126 acre portion of the subject property is to be
reviewed by the Airport Land Use Commission for consistency with the Updated
CLUP for the Chico Municipal Airport when adopted or the existing Chico
Municipal Airport Environs Plan, if the CLUP update has not been completed
within 30 months from the date that the Development Agreement is executed. If
the proposal to create the 34 DTUs within the 126 acre portion of the property is
found by the ALUC to be inconsistent with the applicable Airport Land Use Plan,
the property owner/applicant may request that the Board of Supervisors adopt
Overriding Findings to approve the project. However, if a finding of
inconsistency is made by the ALUC to create the 34 DTUs within the 126 acre
portion of the subject property, the property owner/applicant may submit a
subsequent tentative subdivision map. to create the 34 DTUs within another
property that is located within the North Chico Specific Plan Area. The tentative
subdivision map for such a transfer must also be reviewed by the Airport Land
Use Commission for consistency with the applicable Airport Land Use Plan. The
property owner/applicant may request that the Board of Supervisors adopt
Overriding Findings to approve the transfer of the units to another property if that
proposal is also found to be inconsistent by the ALUC.
3.4 Subdiyision_IVIa~ Prac~s_~g. Landowner anticipates submitting two or more
subdivision maps for up to 160 units on the Property. Landowner may submit and County shall
promptly process the first subdivision map for up to I26 units in the SR-1/PD zone. This
Page 4
subdivision map shall only need to be processed by Counfiy's Development Review Committee,
unless appealed to the Board of Supervisors. Landowner may submit and County shall promptly
review a second subdivision map for up to 34 additional density transfer units ("DTUs") to be
built in the SR-I/PD zone or elsewhere within the NCSP pursuant to Section 4.1 of this
Agreement, a$er adoption of a Comprehensive Land Use Plan (CLUP) Update for the CMA by
the Butte County Airport Land Use Commission (ALUC). As to any DTU, Landowner and
County agree that the subdivision map shall be brought before the ALUC for a determination of
whether significant airport compatibility issues exist or whether they have otherwise been
satisfactorily mitigated by subdivision design criteria. If the ALUC determines that the
subdivision map is consistent with noise and safety criteria in the CLUP Update which are
consistent with California Public Utilities Code Section 21570, the subdivision map shall be =
processed in accordance with the Entitlements. Lf the proposal is found by ALUC to be
inconsistent with the applicable Airport Land Use Plan, the property owner/applicant may request
that the Board of Supervisors adopt overriding findings to approve the project or they may submit
a subsequent tentative subdivision map to create the 34 DTUs on another property within the
North Chico Specific Plan, pursuant to Section 4.1 of this Agreement. The tentative subdivision
map for such a transfer must also be reviewed by the ALUC for consistency with the applicable
Airport Land Use Plan. The property owner/applicant may request that the Board of Supervisors
adopt overriding findings to approve the transfer of the units to another property if that proposal
is also found to be inconsistent by the ALUC. If a CLUP Update has not been adopted within
30 months of the effective date of this Agreement, the subdivision map for the DTUs shall be
processed and CMA compatibility determined pursuant to the CLUP or its equivalent which was
in existence as of the effective date of this Agreement. Landowner agrees not to request
extensions of approved subdivision maps beyond the 1 S year term of this Agreement. At the time
of recordation of final subdivision maps, Landowner and County agree to enter into mutually
acceptable Subdivision Agreements regarding timing and security arrangements for the
installation of site improvements.
3.5 R n i n f r ek rri r n .Landowners will reserve in open space
a 50-foot corridor on the Property from the outer edge of the north side of Mud Creek and plant
-native- trees -and shrubs _ta create wildlife habitat _and improve aesthetics a specified in
subdivision map conditions. Landowner shall reserve a SO-foot open space corridor from the top
of bank along both sides of Keefer Slough on the Property and plant native trees and shrubs along
this drainage as specified in subdivision map conditions for the same purposes. Open space
preserved on-site wi11 be credited towards PD Ordinance open space requirements.
Page 10
3,6 Dedication of Public Trail E~,ement. Upon recordation by Landowner of a final
subdivision map for the first 126 units on the Property, Landowner will dedicate to the Chico
Area Recreation District ("CARD"}, or other entity acceptable to County, an easement for a
public bicycle/hikinglpedestrian trail along Mud Creek and Keefer Slough. Landowner will
construct trail improvements and be reimbursed by County or CARD, as applicable, pursuant to
this Agreement and the NCSP far the cost of improvements. At the time that Landowner records
a final subdivision map for the DTUs, Landowner will enter into a conservation easement with
a public agency or non-profit organization to retain the approximately 103.1 acres adjacent to the
airport as permanent open space, or if no such entity will accept such open space, then to the
County.
3.7 N°rth hico Specific Plan Policies. Landowner agrees to comply with the design
requirements and development standards specified in the NCSP as amended by this Development
Agreement.
3.8 D l m n nn i n Mi i i n F Except as otherwise provided
herein, any and all required payments of development, connection or mitigation fees by
Landowner shall be made in the amount specified by then applicable County ordinances, either
in effect as of the date of this Agreement, subject to adjustment or subsequent adoption in
accordance with Section 3.10.
3.8.1 School Fee Agre,~ments. So long as Landowner is paying to School
District the state authorized fees then adopted and in farce taking into consideration NCSP
School Policies i-4 on page 6-15 of the NCSP, County shall not refrain from approving any
subdivision maps or other such entitlements for the Property or from issuing any building permits
for development thereof consistent with the Entitlements on the basis of adverse impacts of this
development on school facilities.
3 , $.2 Countywide Facilitie~,.Fees. Notwithstanding anything to the contrary in
Section 2.4 of this Agreement, Landowner will be given a credit against any county-wide, NCSP
or CSA 87 impact mitigation fees for the reasonable value of land, drainage facilities or other
improvements which Landowner dedicates or elects to install at Landowner's own expense.
3.9 Processing FeP~..~~„nd Char. Landowner shall pay those processing,
inspection and plan check fees and charges required by County under then current regulations for
Page 11
processing applications and requests for permits, approvals and other actions, and monitoring
compliance with any permits issued or approvals granted or the performance of any conditions
with respect thereto or any performance required of Landowner hereunder.
3.1 Q li i in Limi ifi F n i i m
Except as expressly provided herein, Landowner's sole and only obligation with respect to the
participation of the Property in any funding mechanisms to support the construction of any public
facilities and improvements or the provision of public services in relation to development of the
Property shall beta pay existing County fees related to the construction and provision of public
facilities authorized by ordinance to be collected by County as of the effective date of this
Agreement, as such fees may be adjusted from time to time in accordance with applicable law, _
or such other fees as maybe duly adopted in the future by County from time to time to implement
the NCSP or in accordance with applicable law. Provided, however, Landowner's obligation to
pay future County fees is limited to those fees adapted on a county-wide basis or which apply
uniformly to all properties within the NCSP which are similarly situated, whether by geographic
location, drainage sheds ar other distinguishing circumstances.
3.11 ~ga~iv~ Declaration Miti atg ion MP~sures. Notwithstanding any other provision
in this Agreement to the contrary, when Landowner elects to develop the Property, Landowner
shall be bound by, and shall perform, all mitigation measures identif ed in the NCSP ETR and the
Mitigated Negative Declaration related to this development which are adopted by the County and
required pursuant to CEQA as identified in the mitigation monitoring plan as a responsibility of
Landowner.
3.12 N A i i n D i n r E m n .Landowner shall not be obligated to
dedicate any right of way or grant any public utility easements as a condition of development of
the Property except as may be required to obtain subsequent approvals as set forth in section 2.2
of this document.
Page 12
SECTION 4: COUNTY OBLIGATIONS
4.1 ape ifi Plan Amendment and Rezone. As provided in the Recitals and Section
2.2, County agrees that Landowner has a fully vested Specific Plan Amendment and Rezone to
Suburban Residential One Acre -Planned Development {SR-1/PD) an 126. If acres and a fully
vested Specific Plan Amendment and Rezone to Open Space-PIanned Development (OS/PD) on
the 103.1 acres depicted in Exhibit "D". County agrees that Landowner has a fully vested right
and entitlement to buildup to 1 b0 units in residential subdivisions on the Property, subject to the
provisions of Sections 2.2 and 3.4. County and Landowner agree the 34 units credited as Density
Transfer Units (DTUs) will not be built on the OS area. These DTUs will be transferred either -
to the SR-1/PD area and all units built on that portion of the Property if allowed pursuant to
Section 3.4, ar transferred to other property within the NCSP subject to subsequent approvals
specified in Section 2.2 and any rezone or specific plan amendment needed to make the DTU's
consistent with the NCSP. Open space preserved an-site will be credited tawazds the open space
requirements for both the SR-1/PD and OS/PD zones except for that portion contained within the
drainage easement dedication described in Section 3.1 and also excepting the 103.1 acres of land
designated OS/PD which will nat be credited towards the open space requirement for the SR-
1/PD zone. County also agrees that Landowner has a vested right, but no obligation, to use open
space areas anywhere on the Property for ancillary facilities which County hereby acknowledges
are open space compatible, including trails, community sewage and water treatment or disposal
systems, wetland/habitat mitigation and enhancement, road access to Hicks Lane, utilities, active
and passive recreation, drainage facilities and all other open space retaining uses.
4.2 un r i n. County shall cooperate with Landowner and use its best
good faith efforts in processing and approving all tentative subdivision maps, final subdivision
maps, building pernuts, grading permits, final inspections and any a#her land use applications for
permits ar approvals (collectively, "Subsequent Applications"} which may be required by County
consistent with the Entitlements and this Agreerr~ent. County agrees to expedite review, grant
and implementatian of any Subsequent Applications consistent with the Entitlements and this
Agreement and to impose conditions and/or adopt mitigation measures only to the extent they are
consrstent with and implement the Entitlements and this Agreement. The processing and
approval of Subsequent Applications which aze consistent with the Entitlements shall not require
an amendment to this Agreement. County further finds that the NCSP EIR and the Mitigated
Negative Declaration adequately address the significant impacts of development of the Property
Page 13
in accordance with the Entitlements and this Agreement and agrees that, to the extent lawfully
allowed, the processing of Subsequent Applications shall tier off of and rely upon the NCSP EIR
and Mitigated Negative Declaration for the Property. Upon approval of any Subsequent
Application, County agrees that such subsequent entitlements or approvals shall automatically
be vested according to the #erms of this Agreement as if such entitlements and approvals were
specifically identified in this Agreement and that the expiration date for any tentative subdivision
map approved for the Property shall extend for the term of this Agreement.
4.3 Reimbursement, ~y Cor1n .. 1~f Landowner installs, at its cost, the drainage
improvements described in Section 3.1 or any other improvements which provide public benefits
above and beyond the service or mitigation needs of the Property, County shall compensate
Landowner or its successors, in a manner consistent with County Code and policy, for the amount
of public benef t provided which exceeds service or mitigation requirements for the Property
specified in the Entitlements and this Agreement. Such compensation shall be made from
assessments, developer fees, state and federal cost share or grant programs or any other source
available to County. Compensation may be made in cash, by fee reduction, by density bonus or
any other form agreeable to the Landowner and County. Landowner and County agree that
County shall not be obligated to reimburse Landowner for that limited portion of improvements
designed exclusively to mitigate stormwater runoff to a level that is at least ten percent (10%)
below pre-development runoff conditions described in Section 3.2, unless County shall receive
Federal, State, local or private funding from sources which provide funds eligible to reimburse
Landowner. Landowner shall join County in any application prepared by County for Federal,
State, local or private funding which may be identif ed by Landowner or County to finance
improvements and reimburse Landowner. Landowner and County shall each use its best efforts
to cooperate to obtain approval of and to equitably shaze such funding. County and Landowner
agree that the pursuit or approval of such application shall not result in any adverse economic or
financial impact upon Landowner or the Property.
4.4 M~AS-and Permits. Provided that Landowner is not in default under this
Agreement, except as provided in Section 3.4, County shall not cease to process or approve
tentative or final subdivision reaps or issue building permits or certif cotes of occupancy for
development of the Property that are consistent with the Entitlements.
4.5 Na MQr orum,~uotas, Restrictions or Other Cxrowth Limitation.. Subject to
applicable law relating to the vesting provisions of development agreements, Landowner and
Page 14
County intend that, except as otherwise provided herein, this Agreement shall vest the
Entitlements against subsequent County plans, actions, resolutions, and ordinances that directly
or indirectly limit the Entitlements.
4.6 Ess@nce of Agreement. The foregoing Sections 2, 3 and 4 are of the essence of
this Agreement.
SECTION 5: DEFAULT, REMEDIES, TERNIINATION
5.1 n r r ' i n .Subject to extensions of time by mutual consent in writing,
failure or unreasonable delay by either party to perform any term ar provisions of this Agreement
shad constitute a default. In the event of alleged default or breach of any term or condition of this
Agreement, the party alleging such default or breach shall give the other party not less than thirty
{30} days notice in writing specifying the nature of the alleged default and the manner in which
said default may be satisfactorily cured. During any such thirty-day period, the party charged
shall not be considered in default for purposes of termination or institution of legal proceedings.
After notice and expiration of thethirty-day period, the other party to this Agreement at
its option may institute legal proceedings pursuant to this Agreement or give notice of intent to
terminate the Agreement pursuant to California Government Cade Section 65868 and regulations
of County implementing said Government Code Section. Following notice of intent to terminate,
the matter shall be scheduled for consideration and review by the Board of Supervisors within
thirty {30) calendaz days in the manner set forth in Government Code Sections 65865, 65867 and
65868 and County regulations implementing such Sections.
Following consideration of the evidence presented in said review before the Board of
Supervisors, either party alleging the default by the other party may give written notice of
termination of this Agreement to the other party.
Evidence of default may also arise in the course of a regularly scheduled periodic review
of this Agreement pursuant to Government Code Section 65865. I . If either party determines that
e a er party ~s in efault following the completion of the normally scheduled periodic review,
said party may give written notice of default of this Agreement as set forth in this section,
specifying in said notice the alleged nature of the default, and potential actions to cure said
default and shall specify a reasonable period of time in which such default is to be cured. If the
Page ZS
alleged default is not cured within thirty {30) days or within such longer period specified in the
notice, or if the defaulting party waives its right to cure such alleged default, the other party may
terminate this Agreement.
5.2 ual Review. As required by Government Code Section 65865.1, County shall,
at Ieast every twelve {12} months during the term of this Agreement, review the extent of good
faith substantial compliance by Landawner with the terms of this Agreement. Such periodic
review shall be limited in scope to compliance with the terms of this Agreement pursuant to
Section 65865.1 of the Government Code and the monitoring of mitigation in accordance with
Section 2108 i.6 of the Public Resources Code of the State of California. Notice of such annual
review shall include a f nding regarding compliance with this Agreement. A finding by County
of good faith compliance by Landowner with the terms of the Agreement shall be conclusive with
respect to the performance of Landowner during the period preceding the review.
Upon not less than thirty {30) days written notice by the Director of Development Services
of County, Landowner shall provide such information as may be reasonably requested and
deemed to be required in order to ascertain compliance with this Agreement.
In the same manner prescribed in Section 10, the County shall deposit in the mail to
Landowner a copy of all staff reports and related exhibits concerning contract performance and,
to the extent practical, at least ten (10) calendar days prior to any such periodic review.
Landawner shall be permitted an opportunity to be heard orally or in writing regarding its
performance under this Agreement before the Board of Supervisors or if the matter is referred
to the Planning Commission before said Commission.
If County takes no action within thirty (30) days following the hearing, Landowner shall
be deemed to have complied in good faith with the provisions of the Agreement.
5.3 Enf r D 1 E n i f Tim f P rf rm In addition to specific
provisions of this Agreement, performance by either party hereunder shall not be deemed to be
in default where delays or default are due to war, insurrection, strikes, walkouts, riots, floods,
-drought; -earthquakes; fires,-casualties; acts of Gods governmental restrictions imposed or
mandated by other governmental entities, enactment of conflicting state of federal laws or
regulations, new or supplementary environmental regulation, litigation, or similar bases for
excused performance. If written notice of such delay is given to County within thirty (30) days
Page I6
of the commencement of such delay, an extension of time for such cause shall be granted in
writing for the period of the enforced delay, or longer as may be mutually agreed upon.
5.4 i . In addition to any other rights or remedies, either party may institute
legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein,
ar to enjoin any threatened or attempted violation. The remedies of County for any default of this
Agreement by Landowner shall include but not be limited to termination of this Agreement and
the vesting of the Entitlements hereunder and cessation of approving requests for development
of the Property. All legal actions shall be initiated in the Superior Court of the County of Butte,
State of California, unless required by law to be initiated in the Federal District Court in the
Eastern District of California.
5.5 Effect of,Terminalon. rf this Agreement is terminated following any event of
default of Landowner or for any other reason, such termination shall not affect the validity of any
building ar improvement within the Property which is completed as of the date of termination,
provided that such building or improvement has been constructed pursuant to a building permit
issued by the County. Furthermore, no termination of this Agreement shall prevent Landowner
from completing and occupying any building or other improvement authorized pursuant to a valid
building permit previously issued by the County that is under construction at the time of
termination, provided that any such building or improvement is completed in accordance with
said building permit in effect at the time of such termination.
5,6 A li l L A rn ' F This Agreement shall be construed and
enforced in accordance with the laws of the State of California. Should any legal action be
brought by either party for breach of this Agreement or to enforce any provisions herein, the
prevailing party to such action shall be entitled to reasonable attorneys' fees, court costs and such
other costs as may be fixed by the Court.
SECTION G: HOLD HARMLESS AGREEMENT
Landowner and its successors-in~interest and assigns, hereby agrees to, and shall defend
an o County; its elective acid appointive...Boards, coriirriissioris, officers, agents, and
employees harmless from any liability for damage or claims for damage for personal injury, or
bodily injury including death, as well as from claims for property damage which may arise from
the operations of Landowner, or of Landowner's contractors, subcontractors, agents, or
Page I7
employees under this Agreement, whether such operations be by Landowner, or by any of
Landowner's contractors or subcontractors, or by any one or more persons directly or indirectly
employed by, or acting as agent for, Landowner or Landowner's contractors ar subcontractors,
unless such damage or claim arises from the gross negligence or willful misconduct of Caunty.
The foregoing indemnity obligation of Landowner shall not apply to any liability for damage or
claims for damage with respect to any damage to or use of any public improvements after the
completion and acceptance thereof by County, In addition to the foregoing. indemnity obligation,
Landowner agrees to and shall defend, indemnify and hold County, its elective and appointive
boards, commissions, officers, agents and employees harmless from any suits or actions at law
or in equity arising out of the execution, adoption or implementation of this Agreement, exclusive
of any such actions brought by Landowner, its successors-in-interests ar assigns. -
SECTION 7: PROJECT AS A PRNATE UNDERTAHING
It is specifically understood and agreed by and between the parties hereto that the subject
project is a private development. No partnership, joint venture or other association of any kind
is farmed by this Agreement.
SECTION S: COOPERATION IN THE EVENT OF LEGAL CHALLENGE
In the event of any legal action instituted by a third party or other governmental entity or
official challenging the validity of any provision of this Agreement, the parties hereby agree to
cooperate in defending said action.
SECTION 9: GENERAL
9,1 Enf r ill The County agrees that unless this Agreement is amended or
canceled pursuant to the provisions of this Agreement and the Adopting Ordinance, this
Agreement shall be enforceable by any party hereto notwithstanding any change hereafter in any
applicable general plan, specific plan, airport land-use plan--except as specif ed in Section 3.4,
zoning ordinance, subdivision ordinance or building regulation adopted by County, or by
- --initiative,-which changes-alters' or amends the rules; regulations and policies applicable to fine
development of the Property at the time of approval of this Agreement, as provided by this
Agreement and, as specified in Section 2.4.1 and by Government Code Section 65866.
Fage 18
9.2 dun Finding. The County hereby finds and determines that execution of this
Agreement is in the best interest of the public health, safety and general welfare and is consistent
with the General Plan and North Chico Specific Plan.
~•3 1 P B n fi i i .This Agreement is made and entered into for the sole
protection and benefit of the Landowner and the County and their successors and assigns. No
other person shall have any right of action based upon any provision in this Agreement.
~-~ v ill .Except as set forth herein, if any term, covenant or condition of this
Agreement or the application thereof to any person, entity or circumstance shall, to any extent,
be invalid or unenforceable, the remainder of this Agreement and ail Entitlements to which it
refers; or the application of such tenon, covenant or condi#ion to Entitlements, persons, entities or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Agreement shall be valid and be
enforced to the fullest extent permitted by law; provided, however, if any provision of this
Agreement is determined to be invalid or unenforceable and the effect thereof is to deprive a party
hereto of an essential benefit of its bargain hereunder, then such party so deprived shall have the
option to terminate this entire Agreement from and after such determination.
~•5 ~~uction, This Agreement shall be subject to and construed in accordance and
harmony with all Butte County Codes, as they may be amended, provided that such amendments
do not affect or conflict with the rights granted to the parties by this Agreement consistent with
the requirements of this Agreement and Government Code Section 65866.
9.6 r A Each party shall execute and deliver to the other all such
other further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete enjoyment of
its rights and privileges hereunder.
9.7 E l 'fi ,Either party may, at any time, and from time to time, deliver
written notice to the other r uestin such
Ply ~ g party to certr xn wrtten
_fy ~ ~ g_that, to the knowledge
..............................
_o a certi ttf
( g
g party, I) this A reement is fn full force and effect and a binding obligation of
the parties, (ii) this Agreement has nat been amended or modified either orally or in writing, or
if so amended, identifying the amendments, and (iii) the requesting party is not in default in the
performance of its obligations under this Agreement, or if in default, to describe therein the
Page 19
nature of such default. The party receiving a request hereunder shall execute and return such
certificate within thirty (30} days following the receipt thereof. County acknowledges that a
certificate hereunder may be relied upon by transferees and mortgagees of Landowner.
SECTION 1Q: NOTICES
All notices required by this Agreement, the enabling legislation, or the procedure adopted
pursuant to Government Code Section 65855, shall be in writing and delivered in person or sent
by certified mail, postage prepaid.
Notice required to be given to the County shall be addressed as follows:
Director Development Services
7 County Center Drive
4roville, California 95965
Notice required to be given to the Landowner shall be addressed as follows:
Douglas N. Gunn
Gunn Accountants
250 West Crest Street, Suite E
Escondido, California 92025-1715
Either party may change the address stated herein b
party, and thereafter notices shall be addressed and transmitted to the new wntmg to the other
address.
II. ASSxGNMENT
Landowner shall have the full right upon written notice to and consent by County, which
consent shall not be unreasonably withheld, to assign this Agreement as to the Property, or any
portion thereof, in connection with any sale, transfer or conveyance thereof,. and upon the express
..........written-asst
gnment byLarrciowrier and assumption by the asst ee of such asst
attached hereto as Exhibit "E" and the conveyance of Landowner's interest in thg p of e ~ e~ orm
thereto, Landowner shall be released from any further liability or obligation hereunder related to
Page 20
the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner,"
with all rights and obligations related thereto, with respect to such conveyed property.
iII. FORM OF AGREEMENT, EXHIBITS
This Agreement is executed in two duplicate originals, each of which is deemed to be an
original. This Agreement consists of 22 pages and 6 exhibits, which constitute the entire;
understanding and agreement of the parties.
Approved this 1 st day of December, 1998, by the Board of Supervisors of Butte County.
COUNTY:
BUTTE COUNTY,
a political subdivision of the
State of California
By:
Fred C. Davis, Chairman
Board of Supervisars
By:
LANDOWNER:
DOUGLAS N. GUNN, Trustee of the
Robert and Ann Stephens Charitable
Remainder Unitrust
ATTEST: John Blacklock, Clerk Board of Supervisors
By:
APPROVED AS TO FORM: Susan Minasian, County Counsel
By:
Page 21
LAST OF EXHYBTTS
Exhibit A - - Property Description
A-1 - - Legal Description of Property
A-2 - - Diagram of the Property
Exhibit B - -Drainage Easement diagram
Exhibit C - - ALUC consistency findings transmittal
Exhibit D - -Zoning diagram
Exhibit E - -Form of Assignment
Page 22
~~'V ~L ~L 1W ~V `Vl V ~L si L~tL ~L ®~~ ~~ ~~~J ~Vl'd1•.~~~V~iJ~
• 7 County Center rhivq Oroville, CA 95965 • (530) 538-760I FAX (530) 33&7785
EXH.IBTI' A
B A
Butte CQp~y Development Agreement DEV99.-01-
~bert and Ann Stephens/Geor~~>~ammererl
APN U47-~SU =14
The following Endings have been prepared at the direction of the ALUC and are for the consideration of the
County of Butte when making a decision on the project.
Section 1: ENVIRONMENTAL FINDINGS --
A. No environmental documentation was submitted for the current project at the time of review.
However, the ALUC did find that the environmental documentation prepared for an earlier version
of the project that would have permitted approximately 20 residential dwelling units within the 103
acre Opens Space area and approximately 58 new dwelling units within the north half of the 126 acre
portion of the site currently zoned SR IIOS did not adequately address potential impacts .related to
the aircraft operations of the Chico Municipal Airport.
Section 2: PROJECT CONSISTENCY FINDINGS
A. The ALUC finds the project consistent with the Chico Municipal Airport Environs Ptah and that the
project is compatible with the viable, responsible operation of the Chico Municipal Airport subject
to the following required condition. Recommended conditions have also been provided to improve
land use compatibility with airport operations.
Section 3: REQUIRED CONDITION
A. The consistency finding for the project is contingent upon the requirement that the minimum lot size
for any parcel is not less than 8,125 square feet if served by individual wells and on-site sewage
disposal systems, or 6,500 square feet if public sewage disposal service is provided.
Section 4: RECOMMENDED CONDITIONS
A. Residential development shall be restricted to those portions of the 126 acre SR 1/PD area that are
-- - - - - located-outside of the projected-SS dB-CNEL contour-a depicted on Drawing (CIC=3) within the
Chico Municipal Airport Environs Plan.
• Butte County •Airport Land Use Commission •
B. Residential densities within the Inner Turning Zone shall be restricted to the densities recommended
within the 1993 Airport Land Use Planning Handbook (no more than one dwelling unit per two
acres) to protect the safely of aircraft and persons on the ground. Residential densities within the
Trai~xc Pattern Zone shall not exceed 6 units per acre.
C. Residential dwelling units shall be designed and constructed to achieve an interior noise level of 45
dB.
D. The property owner shall sign an avigation easement granting the right of continued use of the Chico
Municipal Airport in the airspace above the subject pazcel and acknowledging any and all existing or
potential airport operational impacts.
E. The project proponexrts and the County shall devise enhanced airport operations disclosure measures
which include deed notices, public notices, inclusion of information in the Department of Real Estate
Public Report, and signage along the entrances to the project.
F. All land uses shall be restricted from creating lazge concentrations of people that would result in the
gathering of mare than 25 persons per acre at any one time.
G. Land uses shall be prohibited that create bright lights, smoke, particulate emissions, or allow for the
storage of hazardous, flamable or explosive materials above ground.
H. All project lighting shall be directed within the project site and shielded to prevent adverse impacts
on adjacent properties and aircraft flight activities.
I. Section 3.3 ofthe Development Agreement shall be modified to reference those conditions required
and recommended in Sections 3. A and 4. "A through H" in the Butte County Airport Land Use
Commission's August 19, 1998 Findings relative to the Draft Development Agreement.
J. Section 3.4 of the Development Agreement shaIl be revised to reflect the applicant's commitments
to the Board of Supervisors and the ALUC regarding the Airport Land Use Commission's review of
the tentative subdivision map to create the 34 Density Transfer Units {DTU's) within the 126 acre
portion of the property or other property located within the North Chico Specific PIan Area.
The Development Agreement shall stipulate that the tentative subdivision map to create 34 DTU's
within the 126 acre portion of the subject property is to be reviewed by the Airport Land Use
Commission for consistency with the Updated CLUP for the Chico Municipal Airport when adopted
or the existing Chico Municipal Airport Environs Plan., if the CLUP Update has not be completed
within 24 months from the date that the Development Agreement is executed. If the proposal to
create the 34 DTU's within the 126 acre portion of the property is found by the ALUC to be
inconsistent with the applicable Airport Land Use Plan, the property owner/applicant waives their
n t-to request t at the Board of Supervisors ado~f Qverriding Findings to approve the project.
However, if a finding of inconsistency is made by the ALUC to create the 34 DTU's within the 126_ _
acre portion ofthe subject property, the property ownerlapplicant may submit a subsequent tentative
subdivision map to create the 34 DTU's within another property that is located within the North
Chico Specif c Plan Area. The tentative subdivision map for such a transfer must also be reviewed
• Butte County •Airport Land G'se Commission •
r'-
by the Airport Land Use Commission for consistency with the applicable Airport Land Use Plan. The
property owner/applicant. agrees to waive their right to request that the Board of Supervisors adopt
Overriding Findings to approve the transfer of the units to another property if that proposal is also
. found to be inconsistent by the ALUC.
A:18-19 98.MTCrLSTEPI~NS.FDG
• Butte County • Airport Land Use Commission s
EXHIBIT ~_
Legal Description for Stephens Development Agreement
The area subject to this Develapment Agreement is located in the unincorporated area
of Butte County, Chico, more particularly described as follows:
Those portions of the NW 1l4 and the SW 114 of Section 33, T23N, R1 E,
MDB&M, described as follows:
From a point of beginning at the NW section corner ofi Section 33, T23N, R1 E,
MDB&M, thence along the N section line ofi Section 33 at a bearing of N 89° 48'
58" E, for a distance of 1567.83 ft.; thence southeasterly at a bearing of S 32°
38' 26" E for a distance of 2D04.30 ft. to Hicks ~.ane, southerly along the quarter
section line of Section 33 at a bearing of S 0° 15' OT` E, for a distance of 936.69
ft. to the center of Section 33, hence, southerly along the quarter section fine for
a distance of approximately 324 ft. to the S easement line of Mud Creek,
southwesterly along the easement line ofi Mud Creek as it exists on October 10,
1998, to the intersection with the W section line of Section 33, and thence
northerly along the section line to the point of beginning.
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DRAINAGE EXHIBIT
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STEPHENS DEVELOPMENT AGREEMENT
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047-250-141
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DATE NOTICE MAII..ED: August 20, 1998
This is your official notice that the Airport Land Use Commission held a public meeting on August I9, 1998
and approved the findings and/or conditions attached as Exhibit(s) A.
If you have any further questions or desire additional information, please call Laura Webster, of the ALUC
staff, at {530) 533-1131. The project file maybe reviewed at the Department of Development Services, 7
County Center Drive, Oroville, California.
EXHIBIT ~-
• 7 County Center Arive, Oroville, CA 95961 • (530} 538-7601 FAX (530) 338 7785 •
TO: Public Agencies and Interested Parties
FROM: Butte County Airport Land Use Commission
SUBJECT: NOTICE OF PUBLIC MEETING FINDINGS AND/OR COMMENTS:
n D Y m
A m E 9-0 - n n mm X ~'
' en APN 047-250-141. A draft Development Agreement to define the
development rights fora 230 acre site proposed for a Rezone from SR-I and
SR-1lOS to Planned Development (PD)/SR 1 on 126 acres and from OS_
{Open Space) to PD/SR 3105 on 1.03 acres. The project site is located on the
west side of Hicks Lane immediately adjacem to the Chico Municipal Airport,
generally between Keefer Slough and Mud Creek.
• Butre Caurrry •Aerpart Land Use Cammrssion •
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--=-- __-- -_- __ ~ PLANNED DEVELOPMENT
GOMBiN1NG ZONE
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Pro ect Location
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BUTTE COUNTY BOARD of SUPERVISORS
Applicant: Robert & Ann Stephens Uwner: Same
r
Hearing Date: Qctober 27, 1998 @ 10:00 a.m. Existing Zone: Various N
Request: Specific Plan Amendment and Rezone Fmm SR-1/0S to SR-1 an 83 acres and applying a No Scaly
P D Combining Zone to Approx. 230 acres. Assessor Parcel No: 047-250-141 ptn File: SPA 97-01
RECORDING REQj7ESTED EY AND
WHEN RECORDED, MAIL T0:
Butte County
25 County Center Drive
Oroville, California 959b5
Atm: County Clerk
EXHIBIT E-
(SPACE ASOVE'r'HIS L1N6 RESERVED FOR RECORDER'S USE)
ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE TO
THE STEPHENS DEVELOPMENT AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter "this w
Agreement") is entered into this day of , by and between the
Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust (hereinafter
"Landowner"}, and (hereinafter "Assignee").
RECITALS
A. On , 199, Butte County and Landowner entered into that
certain agreement entitled "Development Agreement By and Between Butte County and Douglas
N. Gunn, Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust (hereinafter
"Development Agreement"), pursuant to which Landowner agreed to develop certain property
more particularly described in the Development Agreement (hereinafter "the Subject Property"),
subject to certain conditions and obligations as set forth in the Development Agreement. The
Development Agreement was recorded against the Subject Property in the Official Records of
Butte County on , 199 , in Book ,Page ,Series No.
B. Landowner entered into a purchase and sale agreement whereby a portion of the
Subject Property will be sold to Assignee, which portion of the Subject Property is identified and
described in Exhibit °A" attached hereto and incorporated herein by this reference (hereinafter
the "Assigned Parcels}").
C. Landowner desires to assign all of its interest and rights and other terms and
conditions under the Development Agreement with respect to the Assigned Parcel{s).
D. Assignee desires to assume all Landowner's rights and obligations and other terms
and conditions under the Development Agreement with respect to the Assigned Parcel(s).
AGREEMENT
1. Landowner hereby assigns, effective as of Landowner's conveyance of the
Assigned Parcel(s) to Assignee, all of the rights, interests, burdens and obligations of Landowner
under the Development Agreement with respect to the Assigned Parcel(s). Landowner retains
all the rights, interests, burdens and obligations under the Development Agreement with respect
to all other property within the Subject Property owned thereby.
ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE
TO THE STEPHENS DEVELOPMENT AGREEMENT
2. Assignee hereby assumes all of the burdens and obligations of Landowner under
the Development Agreement, and agrees to observe and fully perform all of the duties and
obligations of Landowner under the Development Agreement, and to be subject to all of the
terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention
of both Landowner and Assignee that, upon the execution of this Agreement and conveyance of
the Assigned Parcel{s} to Assignee, Assignee shall become substituted far Landowner as the
"Landowner" under the Development Agreement with respect to the Assigned Parcel(s).
~3. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs, successors and
assigns.
4. The Notice Address described in Section 10 of the Development Agreement for
the Assignee with respect to the Assigned Parcel{s) shall be
5. Nothing in this Agreement is intended to modify or amend the agreement of
purchase and sale entered into by the Assignee and Landowner with respect to the Assigned
Parcel(s) and in the event of any inconsistency between said agreements, the terms and conditions
of such agreement of purchase and sale shall control.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
LANDOWNER: ASSIGNEE:
Trustee of the Robert and Ann Stephens
Charitable Remainder Unitrust
By:
sy:
Its: Its:
~y~Z
BOARD OF SUPERVISORS
Minute Order No. oso5-o12
MEETING DATE: February 28, 2006
ITEM SUBJECT: Zoning Boundary Correction (APN 047-710-001).
BILL CONNELLY
First District
JANE DOLAN
Second District
MARY ANNE HOUX
Third District
CURT JOSIASSEN
Fourth District
KIM K. YAMAGUCHI
Fifth District, Chair
ITEM DESCRIPTION: Approval was requested for a zoning boundary correction for
APN 047-710-001. A zoning boundary is located between the
SR-1/PD (Suburban Residential - 1 acre minimum parcel
size/Planned Development} and the OSIPD {Open SpacelPlanned
Development) zones on the property. The applicable Rezone and
Specific Plan Amendment approved on the property (Ordinances
3462 and 3463) indicate that the SR-1/PD zone was to include
126.1 acres and the OS/PD zone was to include 103.1 acres. --
When area amounts were calculated for these areas based on the
Official County Zoning Map, they did not equal the required
acreages. To correct the problem new legal descriptions have
been written to provide for the correct acreages. The new legal
descriptions would allow for a correction to the Official County
Zoning Map.
BOARD ACTION TAKEN: APPROVED THE CORRECTED LEGAL DESCRIPTIONS
FOR ORDINANCES 3462 AND 3463 AS DETAILED iN THE
AGENDA REPORT; AMEND THE M-1 ZONE BOUNDARY
L1NE ADJACENT TO MUD CREEK; AND INSTRUCT STAFF
TO SHOW THESE CORRECTIONS ON THE OFFICIAL
BUTTE COUNTY ZONING MAP.
VOTE: Ayes: Supervisors Connelly, Yamaguchi and Chair Josiassen.
Noes: Supervisors Dolan and Houx
Absent: None.
Not Voting: None.
Motion Carried.
CERTIFICATION: I hereby certify that the above action was taken by the Butte
County Board of Supervisors on the date listed above and that the
action has not been revise amended or rescinded as of thi
1V~an Reeves, sist t Clerk of the Board
Ap l 6, 2006
ATTACHMENT C
Legal Description for OS/PD ZONE
Beginning a# a point on the North line of Section 33, T23N, R1 E, MDB&M, which
bears North 89°05'27" East 874.93 feet from the Northwest corner of said
Section 33,
thence South 60°19'08" East, 367.6D fee#;
thence South 30°39'14" East, 448.23 feet;
thence South 00°11'01" West, 99'!.93 feet;
thence South 50°32'22" West ,328.15 feet;
thence South 14°28'55" West, 632.45 feet;
thence South 29°41'58" East, 676.72 feet;
thence South 25°15'50" East, 414.33 feet;
thence South 1 D°47'56" East, 76.94 feet to a point 50.00 feet Northerly of the
North Easement Line of Mud Creek, said line being described in Book 1302,
Page 485 of Official Records, Butte County;
thence Southwesterly along a line lying parallel with and 50 feet Northwesterly of
said Easement Line the following 13 courses;
1. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 48°33'20", a radius of 410.00 feet, and a length
of 347.46 feet; the center of said curve bears South 10°48'09" East,
410.00 feet;
2. thence North 59°21'29" West, 7.00 feet;
3. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 16°32'05", a radius of 417.00 feet, and a length
of 120.34 feet, the center of said curve bears South 59°21'29" East,
417.00 feet;
4. thence South 14°06'26" West, 5.62 feet;
5. thence along a curve concave to the Northwest, said curve having a
central angle of 20°01'22", a radius of 283.00 feet, and a length of 98.90
feet;
6. thence South 34°07°4$°' West, 264.98...feet;
7. thence along a curve concave to the Northwest, said curve having a
central angle of 10°33'37", a radius of 1433.00 feet, and a length of 264.12
feet;
$. thence South 44°41'26" West, 241.73 feet;
9. thence along a curve concave to the Northwest, said curve having a
central angle of 36°03'25", a radius of 333.00 feet, and a length of 209.56
feet;
10. thence South 80°44'50" West, 114.15 feet;
11.thence along a curve concave to the Southeast, said curve having a
central angle of 28°28'59", a radius of 667.00 feet, and a length of 33'1.58
feet;
12.thence South 75°26'50" West, 29.45 feet;
13.thence South 48°52'47" West, 38.23 feet to the Westerly line of Section
33;
thence South 00°10'30" East, 516.12 feet along said Westerly line of Section
33, to a paint on the South easement line of Mud Creek as described in Book
1302, Page 485 of Official Records, Butte County;
thence along said South easement line the following 19 courses:
1. thence North 64°48'50" East, 82.23 feet (shown as North 64°38'50" East,
82.23 feet on 1302 O.R. 485};
2. thence North 62°13'00" East, 82.10 feet (shown as North 62°03'00" Eas#,
82.10 feet on 1302 O.R. 485);
3. thence North 57°32'41" East, 490.00 feet (shown as North 57°22'41" Eas#,
490.00 feet on 1302 Q.R. 485};
4. thence along a curve concave to the Northwest, said curve having a
central angle of 10°44'44", a radius of '1516.00 feet, and a length of 284.32
feet;
5. thence North 46°4T57" East, 293.71 feet (shown as North 46°3T57" East,
293.71 feet on 1302 O.R. 485);
6. thence South 88°12'03" East, 39.60 feet (shown as South 88°22'03" East,
39.60 feet on 1302 O.R. 485);
7. thence North 46°47'57" East, 59.00 feet (shown as North 46°37'57" East,
59.00 feet on 1302 O.R. 485);
8. thence North 01°47'57" East, 39.60 feet {shown as North 01°37'57" East,
59.00 feet on 1302 O.R. 485);
9. thence North 46°47'57" East, 50.00 feet (shown as North 46°37'57" East,
50.00 feet on 1302 O.R. 485);
10.thence North 43°12'03" West, 58.00 feet (shown as North 43°22'03" West,
5$.00 feet on 1302 Q.R. 485);
11. thence North 30°05'00" East, 375.00 feet {shown as North 29°55'00" East,
375.00 fee# on 1302 O.R. 485};
12:thence North 40°20'00" East;--160:00-feet-(shown-as-North-40°10'00"-East-
160.00 feet on 1302 O.R. 485);
13.thence North 25°22'00" East, 113.00 feet (shown as North 25°12'00" East,
113.00 feet on 1302 O.R. 485);
14. thence North 41°17'00" East, 146.00 feet (shown as North 41°07'00" East,
146.00 feet on 1302 O.R. 485);
15.thence North 53°18'00" East, 80.00 feet (shown as North 53°08'00" East,
80.00 feet on 1302 O.R. 485);
16.thence North 7$°24'00" East, 245.00 feet (shown as North 78°14'00" East,
245.00 feet on 1302 O.R. 485};
17. thence North 78°03'00" East, 348.00 feet (shown as North 77°53'00" East,
348.00 feet on 1302 O.R. 485};
18.thence North 52°03'00" East, 147.00 feet (shown as North 51°53'00" East,
147.00 feet on 1302 O.R. 485};
19.thence North 40°22'20" East, 544.54 feet (shown as North 40°12'20" East,
546.46 feet on 1302 O.R. 485) to a point on the North-South centerline of
said Section 33;
thence along the North-South centerline of said Section 33, North 00°16'25"
West, 1326.56 feet;
thence North 32°3.9'32" West, 2004.23 feet to the North line of said Section
33;
thence along said North sine of Section 33, South 89°05'27" West, 693.04 feet
to the point of beginning.
Containing 103.17 acres
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Legal Description for SR-11PD ZONE
Beginning at the Northwest corner of Section 33, T23N, R1 E, MDB&M, thence
North 89°05'27" East along the North boundary of Section 33, 874.93 feet;
thence Sauth 60°19'08" East, 367.60 feet;
thence South 30°39'14" Eas#, 448.23 feet;
thence South 40°11'D1" West, 991.93 feet;
thence South 50°32'22" West, 328.15 feet;
thence South 14°28'55" West, 632.45 feet;
thence South 29°41'58" East, 676.72 feet;
thence South 25°15'5D" East, 414.33 feet;
thence South 10°47'56" East, 76.94 fee# to a point 50.00 feet Northerly of the
North Easement Line of Mud Creek, said line being described in Book 1302,
Page 485 of Official Records, Butte County;
thence Southwesterly along a line lying parallel with and 50 feet Northwesterly of
said Easement Line the following 13 courses;
1. thence slang anon-tangent curve concave to the Southwest, said curare
having a central angle of 48°33'20", a radius of 410.00 feet, and a length
of 347.46 feet, the center of said curve bears South 10°48'09" East,
410.00 feet;
2. thence North 59°21'29" West, 7.00 feet;
3. thence along anon-tangent curve concave to the Southwest, said curve
having a central angle of 16°32'05", a radius of 417.00 feet, and a length
of 120.34 feet, the center of said curve bears South 59°21'29n East,
417.00 feet;
4. thence south 14°06'26 West, 5.62 feet;
5. thence along a curve concave to the Northwest, said curve having a
central angle of 2D°01'22", a radius of 283.00 feet, and a length of 98.90
feet;
6. thence South 34°07'48" West, 264.98 feet;
7. thence-along-a-curve-concave-to-the-Northwest;..said-curve having a
central angle of 10°33'37n, a radius of 1433.00 feet, and a [ength of 264.12
feet;
8. thence South 44°41'26" West, 241.73 feet;
9. thence along a curve concave to the Northwest, said curve having a
central angle of 36°03'25", a radius of 333.00 feet, and a length of 209.56
feet;
10. thence South SO°44'50" West, 114.15 feet;
11. thence along a curve concave to the Southeast, said curve having a
central angle o€ 28°28'59", a radius of 667.00 feet, and a length of 331.58
feet;
12.thence Sou#h 75°26'50" West, 29.45 feet;
13.thence South 48°52'47„ West, 38.23 feet to the Westerly line of Section
33;
thence North 00°10'30" West 2039.56 feet along Wes# boundary of Section 33 to
a 3" Brass Cap stamped "LS 3525 marking the West %a Corner of Section 33;
thence continuing along the West boundary of Section 33, North 00°24'40" West
2640.71 feet #o the point of beginning.
Containing '125.5'# Acres.
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