Loading...
HomeMy WebLinkAbout85-037~ ~+;~ _ ~. 8~-1314() ~ ~~ ~. . . ~ - ~°~ ~~"~, w BOARD OF 'SUPERVISORS ''k ~ ~ ~ ` ' '~' COUNTY OE BUTTE, SPATE OF CALIFORNIA ti,~ C~ , ~ ~ ~ ~ ~ Resolufion No. as-3~ RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RICHARD T. COLETTI. 8.~r•-~.v14O Page, f~~ ~~ ~~ee~. ~~-~E113 !h~ii3{~~i~j 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 relating to reclassification of zoning with RICHARD T. COLETTI 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 19tkaday of March , 1985, oy the following vote: AYES: Supervisors Dolan, McInturf, McLaughlin, Wheeler and Chairman Fulton NOES: None ABSENT: None NOT VOTING: None L N FULTON, CHAIRMps1 ,,,~'~. Butte County Board of Supervisors g5~13i40 AGREEi°IENT THIS AGREE[~ENT made this 19th day of March ~ 1qG,~,~, by and between "First Party", as identified in item {a} of Exhibit 1 0# this Agreement, and the C©U~1TY ©F BUTTE, a political. subdivision of the State of Gali#ornia, herein called "Second Par'ky"~ W 1 T h! E S S E T H WHEREAS, First 1=arty is the owner of real. property, he~•ein called the "Property", situated in the County df E~utte, which Property is described in Item ff} of E>:hibit I a# this Agreements and WHEREAS, the Property is now :zoned a5 sped#ic in item {b} a# Ef:hibitl4 and WHEREAS, F'i rst F'arty has applied # or a reel assi # i c~`tti nn of ~.oning csf the F'raper-ty pursuant to which application the F'rnperty is being reclassified from its present classification to the classi#ication or classi#icatinns spedfied in Item (c) of Exhibit 1; and WHEF~EAS, public. hearings have been held upon said application be#ore the '~nard of S~.tpervisr~rs cif •khe GQUnty of Hutte, State of California, and after having considered the matter presented, it has been determined that certain conditions to the coning reclassification of said real property must be imposed so as not to create any problems inimical to the health, sa#ety and the gener-a1 welfare of the Coun'ky of butte. i~C7W THEREFf]RE IT IS ~3UTUALI~Y UI~DERBTf_if_iD A[~D AGFiEE1J that inasmuch as the reclassi#icaticsn specified in Item (c} of E:.hibit 1 is being granted, the said reclassification shall be subject to the conditions sped#ied in the fo11©wing paragraphs: 1. That E:;hibit i, as cr~mpleted and attached here•L-c~, is incorporated into and made a part of this Agreement with the same force and e##ect as i# fu11y set #orth herein. ~~ That First Party shall construct and comply with all the #pllowi.ng conditions: tea. Grant to the City of GhiCO a 1 #oot no access strip along. the Gohasset Road #rontage~ gib„ Applicant to get an avigatian easement with the Gity of ChicoA ~e Co, PWaning Ccn~, APR ~ 2 X985 ~~, ~~~ C~ ~~ 851314 0 ~'~~~ ~:~~ In the event First Fartyg any succe~sscar in interest of First party, or any person in possession caf the property described in Item Ef? of E.;hibit I violates ar fails to perform any of tl•~e canditipns c,f this Agreement within thirty (~Cy? days after notice thereof as pravi ded i. n paragraph 5 ~ the Board of Supervi snt~'s of Second Warty may i nstruct the County Cattnse]. of Second F'arty tv i nsti t~tte .legal proceedings to enforce the provisipns of this Agreement, The hoard of Supervisors of Second party may also initiate proceedings tv rezone the property to the classification specified in Item tb) of E:.hibit I yr any other suitable ciassificatiana ~. i~oti ce cif vi al ati vn of prvvi si ans of chi s Agreement shat l be sent to First party at the address specified in Item (d7 of E::hibit :[ and to the street address of the property described in Item fd) of E.;hibit Z. Any subsequent title halder~ any lien balder, or party in possession of the property shall also receive notice ref such violation at an address ether than as specified in Item id) of E:<hibit I by f i l i ng with the C1 erg: of the Board of Supervi sacs of Second Party the address-to which the notice is to be sent, with reference to this, Agreement and the pesolution authari~ing its executian~ 5n 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 to Second `arty a reasonable sum to be fi::ed by the Court as attorney's feeso Ex. Each and every one of the pravi si ans of chi s agreement herein contained shall bind and insctre to the benefit of the success+~r in interest Qf each and every party hereto, in the same manner as if they had herein been e;:pressly namedn IN WIT~lESS WHE~iEOF, the parties hereto have a}.ecuted this Agreement the day and year first above written. _~, _ _ __ ichard T. Col. ~~i ~ r Russ Shaeffer ~f@ Co. Plen~~9 ~~ AFAR 12 X985 85~~13140 ~~ ~~~~~ , C~]UhITY CIF l~LlTTE s a pai i ~i ct~i st.tbd i vi si c1n a~ the State of C~i S.farni.~ SY _ `~ ~__ ~`t! _ ~ ___.._~..__.M.. f~ ~irpersar> af~~:he Sa~r'd a~ Supervisar~ "St~cand ~~rty" TICOR TITLE INSURANCE STATE OF CALIFORNIA ~ ~. COUNTY OF ~sZ- ~r~°- r _____._ CAT. NO. NN6a627 O 1944 CA f1-831 ( ndividua!) ATTESTa _ _ __ ___ ___ Ci erk. a the l~a~rd of Super-vi sclrs ~-'~ ~ ~ '~ ~^ ~~ ~ me, th~e~undersigned, a Notary Public in and for said State, persanally appeared w s w x , W proved to me on the basis of satisfactory evidence toe h ~; ~ ~ ~ ~ ~ ua ~ ~ ~ ~ ~ ®~ ~ ~~ ~ ~ ~ ~ ~ ~, ~ ~« ~ e ~ ~ the person„ whose name subscribed to t exe- within instrument and acknowledged that a ~• ,,,;, ~~" '~ fv ,, _ ~_ ~ 1~~ • OFF3CIAL S1=AL Y; 65AT'r{;~Yl•1 fttl. COl_8~1~~' ~~ ,~. ~ ~~ ~ ~ ^ i' p NOTARY °UeLIC-CALIFORNIA ;, cuted the same. WITNESS my hand and official seal. ~ w~ C;.:~„~ ; ~ ~ ~"•~~_ ~ Bulle Goun[y 3~9y Commission ~xpisrs.SaR. 23,1sa7 •s ~ ~ '~~~-*,';G~c~61~I~L~~~~~Gi3l~~f~~~~r~~t~irfa~ __ _. ---. _ STATLr OF CALIFORMA COUNTY ~ ss. OF....., .~.,.....4.~ ................. f `` ;~ 1AiV E~-,h~r"i.i~fiRliL1T .< I !+lO7ARYpL.,~IC-CAI=ORNIA ~ ,_r:.,_.., GJT~EGOUNTY ~j ~~=~~~~-*'" fdy Comm Ezpir~s July 1,1986 1 Acknowledgement-General (C, C. Sec, l I9{)a) ___ 8s-i314o ~a On this ...~0.~;... day op„.,,, ... in the year ne thousand nine ...... hundred and ~ ~~ .....4g.......... f .... F pore me . .............. ....C,o. a Notary Public, State o Cali o ia, duly comm sinned and sworn, personally appeared ................ ~Q~iK-1 ~. - 1 ......... L~:O~-1 ...................................................... .............................................. ...................................... known to me to be the person ..... whose name .............. subscribed fo the within instrument and acknowledged to me that .....he..... executed the same. W WITNE55 WHEREDFI haae hereunt set my hand and affixed my official seal in the .......................... County ap..~q,~,,,,, the day and year in this certificate first abou en. .................. .............................. ~ ..f ... ................ o ry Public, State o Cali ornia My commission expires .... , :.~~„1,~,.~,~, ~~~~ ~ EXHISTT Z Agreement (al "First 1=arty"~ as used in this Agreement4 includes each and all of the full©wing: l=iichard T. Caletti, Muss Shaeffer {E>;cutc~r of the Estate} . { b) The property i s nom W ©ned : Ft-~.~ {c) The ~.crning reclassification of the property is from its present zoning •ka: ~-~ {d) hlatice to First Party pursuant to Paragraphs 141v. 4 shall be addressed •ta: F'ti chard T e Col etti q 5 ~~.~~ Cypress Street , Chi cn, Ca, 9~9~b. {e1 The change in zoning classification pursuant to Paragraph kVa. ~- shall be tn: ft-4 {f) "l~raperty", as used in this Agreement9 includes: Lot l of "Amended flap of Frontier Village" sub. per that map of record in E`~ap ~ooE: .~,5 on Pages 7E~ and 77, an file in the office of the F~utte County Recorder e Containing ~~.9 acres mare ar ].ass, Chi ca. Haifa Ca. Planning Camm. A~'R 1 Z X985 pro~ille~ CAlitarnla X35-131 ~ o TO ]944 CA (8.747 Individual) ~~.^TITI.E INSURANCE AN [] TRUST STATE OF CA,I.IFOItNIA A-nCOR COMPAM' COLINTYOF $Utte ~ ~' w to W z w a m d +n On March 29 , 1985 ,._ before me, the undersigned, a Notary Public in and far said State,personaIlyappeared R~.Char~._ T. Coletti,~proved t,o me on ~.,he , /YtNi~1~~PXXX to 6e the person whose name ~.~..._ subscribed to the within instrument and acknowledged that-_.... P~_ executed the same. WITNESS my hand and official seal. ,r- 5igna#ure .~~~ _1 OFFICIAL SEAL ,. ~ NOTARY PUBLIC -CALIFORNIA . , .~ • ~ SUITE COUNTY `~'='~`"'r My comm. expires DEC I2, I98fi (This area for official notarial seal) ~'te Co. ~nnrng ~~ APR ~ 2 1985 Drc~!#e, S.alPtornla E~#D 0~ DOCUMENT'