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HomeMy WebLinkAbout84-193 ~_~ ~on,cr c~ 9r u ~ ~~.a :,. ~ BoAR'o o~ suPER~r~soRs :~:~ '* ~: = *~ COUNTY OF BUTTE, ,STATE C_~F CALIFORNIA '~ ~~ '. ~ Resolution NO.g4-193 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATTON OF ZONE FOR ED HUNSAID BE IT RESOLVED 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 rlating to reclassifi- cation of zoning with ED HUNSAID ETAL 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 11th day of December 19$4, by the following vote: AYES: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman Saraceni NOES: None ABSENT; None NOT VOTING: None ~~ ~ y AL SARACENI, CHAIRMAN Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and C erk of th Board, f ; By ,' ~' ` 1 i ~ ~ ~ 'J l/" f ~ ~; AGREEFiEiitT THIS ASt~EE~iE~T made this 7th day of Wovember, 398. by. and Esetween "First Party", as identified in item {ai cff Exh~.bit I ctf than agreement, anci the CCIUf~TY t3F I#~,.iTTE, a pol a to cai subdivi si vn of the State of California, herein caked '°Second Marty". ~rJ I T ~i E S S E T H WHEREAS, First Party is the owner of reai property, herein called the "Prcaperty", situated in the County of Butte, which Property is described in item (f) of Exhibit I of this Agreeanent4 and WHEREAS, the Property is now zoned as specific in Item tb) of Ex~r-ibit 1; and WHEREAS, First Party has appiied for a reclassification of zr3ni ng of the i-`roperty pursuant ts3 which app's i vati on the Presp~erty i s being reclassified from its present classification to the classification yr classifications specified in Item tc1 of Exhibit l; and Wi-iEF'tEAS, publ i c. hearings have Been hei d upc~r~ sai c3 app3 i rati vn before the E~caard of Supervisors of the County of ]3utte, State ref California, and after having considered the matter ~aresented, it has been determined that certain conditions tt~ the zoning reciassification of said reai property must tae imposed so as not to create any prvbiems inimical tc3 the health , szaf ety anti the generai wel f are cif the Gcaunty of Butte_ ht©W THEREFC~C~E I T I S ~ik..iTL1ALLY I..I[!~DERSTCIDD At~iI! AGREED that inasmuch as the reclassificatiran specified in Item tc) ^f Exhibit 1 is being granted, the sai d reel assi f i c~.ttacan steal 1 be sutr~~ect to the conditions specified in the following paragraphs: in That Exhitait Z, as completed and attached hereto, is incorporated into and made a part of this Agreement with the same force and effect as i f f ui i y set f vrth i-et~rei n a ~. That First Party shall ccanstruct and comply ~+tith alI the f vl I vwi ng cvnda ti Hansa ~a;, Terracing tv da.rect storm water runoff into drainage ditchesa ?b. Aii drainage ditches to be lined with asphalt ^r pocac. grout tv r~!duce storm water runoff speeds. Page 2 mac. Lands not occupied by dwellings, rs~ads, and other improvements shall be landscaped as recommended by ~:ingsley Sterns, Biologist. ~d. Cn-site storm aaater runof#, drainage to be c©nveyed via off-site ditches fined with asph~tit or p.c.c. grout or pipe to the nearest approved drainage Swale. fie. Provide a minimum of .~,?L~€~ gallons can-site water storage with drafting connections. ~-~. Compiy with agreement signed with Ghic4 f~nified School District to mitigate i mpacts tca Forest ~Sanch School , 2g. C~Itxi ch or reseed exposed soil s at can set of rainy season . ~h. Gravei or pave aii interior resads and driveways. ~i . f~to tree removal excerpt for those directiy in the way of driveways or houses. ~~. Foiinw the recommendations of F~epartment of Fish and 6a.me concerning cit~veiopment within the deer herd areas. ~~. A1l parcels to meet minimum usable sewage disposal area and prpof cif water pursuant to Butte County Subdivision f~rdinance, Chapter ~L"7. 2l. Applicant must also comply with ail other applicable State and focal statutes, ordinances, and regulations. ~. in the event First Party, any successor in interest of First Party, or any person ir+ possession of the property described in item €#? of Exhibit I violates car fails tca perform any of the conditions of this Agreement within thirty €3s~) days a#ter notice thereof as provided i n Paragraph S, the Hoard of Supervi scars of 5ecr~nd Party may instruct the Gounty Counsel of Second Party to institute legai proceedings to en#rarce the provisions of this Agreement. The Bc,and csf Supervi scars a# Second Party may also initiate proceedings to rezone.the property to the classification specified in Item €b~ of Exhibit I or any other suitable classification. ,4. i~loti ce of vi of ati on of provisions ref thi s Agreement si sai i iae sent to First Party at the address specified in Item €d) of Exhibit I and to the street address of the property described in Item €d} of ErhiEait 1. Any subsequent tide holder, any Tien holder, or party in possession of the property shall also receive notice of such vi+~lation at an address ^ther than as specified in Item €d) cif Exhibit i by f i 1 i ng with the C1 er~c of the Board of Supervi sr~rs eaf Second Party the address tca which the notice is to be sent, with reference to this Agreement and the Pesolution authorizing its exece.ztion. 5. In the event suit See=e~nci Warty t^ e;--fcrce any cf Forty agrees tl] pay tQ 5ecr~nd the Court as ~ettarney's -feesd Page =~ i s F3re~us~!-tt ey the County Gsaunst~l of the prvwisinns of this Agreementf First Party a reasenalrale sum to be fi~;ed ~y b n Each and every cane of the prcwi si ^r~s of this agreement herez n ccentai ned shall- bind and insure tc~ the t~enef i t of the sue-eessar i n interest cif each anti every party here=tc-, i n the same manner as i f they had herein i~een e~spressly named,. Ii'+i 5~11TitiiESS WHEF~EC]F, the parties heretcs have ereeuted this Agreement the day and year -first atxove written. .~~~ STATE OF CALIFORNIA COUNTY OF Butte On this 3rd day o f December ;n the year one thousand nine hundred and eighty-~o~~- ___ ,before me, N. _L. F~~erheimer , a Notary Public, State of Caltfornta, duly commissioned and. sworn, personally appeared Eddie Paul Hunsaid and Sharon Louise Hunsaid known to me to be the person :s whose name OFFE~'1P~L. SEAL are subscribed to the within instrument and acknowledged to me •Oa H .•. ~;: ~ N t ~PPERyE1MER that they executed the same. b m NOTARY PUBLiC - CAI.iFORN1A ~. IN WITNESS WHEREOF I hawe hereunto set my hand andafflxed r . • ~ ~ BUTi~ C011~1Y My comm. expires FEg 28, 1985 my of f icial seal in the County of Butte the day and year in this cert{ffcate first above written. This document is only a general form which may he proper for use in simple transactions .and in noway acts, or is intended lv act, as a substitute for Iha advice of an attorney. Notary Public, State of California ;he puBlisher does not make any warranty, either express ar implied as to the legal vahdify v1 any provision ar fha suifabifity of these forms in any spetiiic transaction. 2~ 2 $~ Sj My commissiur~ expires '~Cvwdery's Form No, 32 -~- Acknowledgement -General (C. C. Sec. l I90a) ........................ ...... ...................... ..................... . ... __ Page ~ E}CHISIT I Agreement ;a} "First Party"4 as used in this Agreement, includes each and all of the following: Ed and Sherri Hunsaid 4b} The property is now zoned; T!"i-5 (t=} The zcining reclassification cif the property is from its present z©ning to; Ti"1-l (d} IElotice to First Party pursuant to Paragraphs i~lo. 4 shall be addressed to: Ed and Sherri Hunsaid, 82l Shepard Lane, Chico, Ca . ~15~9~6 (e} The change in ~t~ning ciassifacation pursuant to Paragraph Ala. 4 shall be to; TtW-1 Lf} "Rroperty", as used in this Agreementq includes: All that certain real property situate in the County of Suttee State of California, described as follows: A pe~rti on of Lets 1 and ~ pf the hiE l /4 of 5Ec. 7, T2~~l9 R•~E a i°EDSandt''i s and more parti cul arl y described as follows: C©F'i~iEf~iCI~iG at an iron gripe tagged L.S. 261 marking the intersection of the 5 boundary line of that certain parcel of land canveyt~d from William E. and Francis Fitzgerald, to Clarence W. and Lvis G. Perry, by Grant 13eed recorded August 27, 19b4 in Sook 1~~~ of ~fflClal Records at Wage ~95~ in the office of the Rewarder of the County of S~.stte with the southwesterly boundary of an existing ~,Or fc-r.~t road and Prate t*ahich point the CIE corner of said Sec„ 7 bears 1~ 4~ degrees ll ' E l b7:~. S3 f t . 4 thence hi ~9 degrees 1 ~3 ' 3~1" W along the southwester l y boundary of sai d ~i~ foot road , a d i stance cif ~.~9.1,~ ft. to an iron pipe tagged L.S. X621 and the true point of beginning of the parcel of land hereafter described; thence ~i Sb degrees S~' ~! along the northerly boundary of said Ferry parcel a distance of 1L~5,~9 ft. to the f~iW carnet of said Perry parcel; thence i~ 48 degrees ~6' E ac distance of 254.5 ft. g thence S Bf~ degrees ~~' E parallel with the northerly boundary line of said Perry parcel a distance of 94}7.29 ft. to a l inch i:roii pipe tagged RCE 11128 marking tl-te southwesterly boundary line of said b4} foc3t road: thence ce~ntinuing S 86 degrees 4}4` E a distance of =~5. B7 f t. to tt-te centerline of said road; thence S 2g degrees 18` 34}" E, along said centerline a distance of ?l5.?? ft. to the northeasterly corner of said Perry parcel; thence t~ 8b degrees t~4` W along the northerly boundary line of sand Ferry parcc-~l, a distance c~-~ ~5-G~7` ft. tc~ the true point of beginning.