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HomeMy WebLinkAbout84-139BE IT RE50LVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification of zoning with RO$ERT BERN DT and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors this 21st day of August, 1984, by the following vote: ~~ AYES: Supervisors Dolan, ~`ulton, Moseley. Wheeler and Chairman Saraceni NOES: None ABSENT: None NOT VOTING: None films . L SARACENI, Chairman Butte County Board of Supervisors .: ~IAP,T'IN J ` N~OF~Q,LS, hi of Admi ni strati ve `4~ff cer and ~r~e~rk o the Board iz "rii' p, ~S, i- _ ~y •~ 1 41 J,... { . ;', i JFrr!1;~~~. - ?`; "nom?UJ FZt;,"uSsl~ r~ r~ ~. _ __....~. SY ice:-...l s'Sw7 ~~~ ~~~ ~ ~~ ,;~ ~` AGREEMENT THIS AGREEMENT made this 7th day of August, 7.984. by and between "First Party", as identified in item {a-) of Exhibit 1 of this Agreement, and the GDUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". W T T N E S 5 E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situate in the Gounty of Butte, which Property is described in Ttem {f) of Exhibit I of this Agreement; and WHEREA5, the Property is now zoned as specific in Item {b) of Exhibit l;, and WHEREAS, First Party h,as applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified from its present classification to the classification or classifications specified in Item {c) of Exhibit 1; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, it has been determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the healthy saf ety and the generati welfare of the County csf Butte NOW THEREFORE iT I5 MUTUALLY UNDERST©DD AhiD AGREED that inasmuch as the reclassification specified in Ttem {c) of Exhibit 1 is being granted, the said reclassification shall be subject to the conditicans specified in the following paragraphs: 1. That Exhibits I and TI, as completed and attached hereto, are incorporated into and made a- part of this Agreement with the same farce and effect as if fully set forth herein. 2. That First Party shall construct and maintait't sediment ponds in conformity with Exhibit III A and B. rs~ ~. That said sediment ponds shall. be constructed and °~ installed at such tune as the Paradise Irrigation District determines the necessity therefor. ~~ C.r~ 4. In the event First Party, any successor in interest of First Party, or any person in possession of the property described~in ~ Item {f) caf Exhi bi t I violates or fai 1 s to perform any of the conditions of this Agreement within thirty {34) days after nt~tice ~ thereof as prr3vided in Paragraph 5, the Bnard of 5upervisr~rs of Secr_~nd Party may instruct the County Counsel of Second Party to institute Page ~ legal proceedings tv enforce the prvvisisans caf this Agreement. The Hoard of Supervi scars of Second Party raaay al sv initiate p~-'t~ce*edi ngs to rezone the property to the classification specified in Item (b} of Exhibit I ar-any other suitabl~+ classification. 5. Nance caf vi alation of provisions of this Agreement shall be sent to First Party at the address specified in Item tdl of Exhibit I aa-ad tca the street address csf the property described in Item {d) of Exhibit I, Any subsequent tit3e holder, any lien hcslder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in item td) of Exhibit I by f i 1 i ng ar,ai th the C1 er>~ of the Hoard of Supervisors of Second Party the address to which the notice is tca be sent, with reference try this Agreement and the Resolution authorising its executican. b. In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay tv Second Party a reasonable sum to be fixed by the Court as attcsrney's fees. ~. Each and every one of the provisions of this agreement herein contained shall bind and insure to the benefit of the successor in interest of each and every party hereto„ in the same manner as if they had herein been expressly named. IN WITNESS WHERE©F., the parties hereto have executed this Agreement the day and year first above writte. ~~~-- .5'1RT ~O co~NTy ~C~z~ 'R OF 1Vr~ - .~ ~~~wi ~o ~ E'er ,. C. ~ ~ l,~R~ "' ~; p~ Sir T /~ , fi' ~.,~ ~4 ~ 4 My Com, ~~~'~ o` G~`I~~{ ~xAir~,~qu Ni y ~RNIq s. z3 ~98s Ack~~k'ledge~~nt_ Genera/ (C ~ ~c. !~9[~ CC#LiNTY DF HI.ITTE, a political subdivision of the State of Cal i f cams i. a On thjs ~ ~=!!-y~!e~r~son of the Huard of Q h~`ndr ~ '-_.. ~ ~~ e a a4 N°~a P ~~~ day °f ~: A,oaore~ ablra '-~ ~. ~Ss . safe o f •.. aefore ~,+.~ ,¢no n •'" tali ~ ~. ~ s~4,. Qi t •..,•.• ~ • ., n he ~ns~'~7i ° me ~o "•••.. ~41y ° ~ • Fear o Ient°n~aeae ~heAe ~C°,mmissjo n °usaa ro~frofajs N R~pN hno~le~~on • ~'' "*- neQ,anas'' ~nfne n phis oe~°~! q ~he ~"~•S' ~~~ p~me mat name-~ ~ 4'orn' Ae~,png1 y Page •.~ E~HTDIT T Agreement (a) "First Party", as used in this Agreement, inciudes each and all of the f of 1 owi ng: Robert Herndt tb? The property is now zoned: TM-20 tc) The zoning reclassificatir~n cif the property is from its present zoning tts: TW3--5 td) Notice to First Party pursuant to Paragrphs i~lcz. 4 shati be addressed to: Robert Derndt, 14479 Coutolenc Road, Magalia, Ca. 95954 (e) The change in zoning classification pursuant to Paragraph Nra. 4 shad he to: TM_5 ~-~) "Prcaperty", as used in this Agreement, includes: All that certain reai property situate in the County of Sacramento, State of California, described as: The northerly 54rJ feet of the SW 1/4 of the 5E l/4 of Section 1, T23hi RAE f~iDDandM, containing 15 acres, more or less, north of Magalia. a 0 :~ Ct~ F~ Page 4 EXHIDTT II Agreement ta) Sediment ponds shall be cflnstructed and installed in accordance with exhibit III A and B~ at such time as Paradise Irrigration District determines th.e necessity therefor. ca 0 C+.7 c~ rn E"~R