HomeMy WebLinkAbout86-053•" = ~,~ ~ ~~ c :`+~ COUNTY` OF BUTTE, 'STATE OF CALIFORNIA '
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RESOLUTION FOR AN AGREEMfENT RELATING TO RECLASSIFICATION
OF ZONE FOR LOUISIANA PACYFXC CORPORATION.
BE IT RESOLVED AND ORDERED that the Chairman of the Boord of
Supervisors be and is hereby autizora.zed and directed to execute an agree-
meat on behalf of the County of Butte relating to reclassification of
zoning with:
LOUISIANA PACIFIC CORPORATION
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 on
the 15th day of April 1485, by the following vote:
AYES: Supervisors Dolan, Fulton, Mclnt~arf, Wheeler and
Chairman McLaughlin
NOES: None
ABSENT: None
NOT VOTING: None
ED ~9cLAUGIiLIN, CHAIRMAN
Butte County Board o Supervisors
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ATTEST MARTIN~~i~J`'\NICHOLS, Chief Administrative
-.O~ff,ce~r. ,:aid C~.e~rk of the Board
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87-04693
AGREEMENT
THIS AGREEMENT made this 17th day of December, 1985, by and
between "First Party", as identified in item ta) of Exhibit l of this
Agreement, and the COUNTY OF BUTTE, a political subdivision of the
State of California, herein called "'Second Party".
W I T N E S S E T H
WHEREAS, First Party is the owner of real property, herein
called the "Property", situated in the County of Hutte, which Property
is described in Item (f} of Exhibit I of thin Agreement; and
WHEREAS, the Property is now zoned as specific in Item Cb) of
Exhibit 1', and
WHEREAS, First Party has applied far 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 health, safety and the general welfare of the County
of Butte.
NOW THEREFORE IT IS MUTUALLY UNDERSTOOD AND AGREED that
inasmuch as the reclassification specified in Item (c) of Exhibit 1 is
being granted, the said reclassification sha11 be subject to the
conditions specified in the following paragraphs=
1. That Exhibit i, as completed and attached hereto, is
incorporated into and made a part of this Agreement with the same
~; force and effect as if fully set forth herein.
2. That First Party sha11 construct and comply with all the
fallowing conditions:
2a. Subject property is to be developed as a quasi-public
park. The use permit for such park is to address at least:
aa. Adequate parking for the recreational facility.
ab. Necessary road improvements to Retson Road, providing
access to the property. ,
~~~~ ~
ac. A historical survey should be performed prior to the
application for the Use Permit, and the application should provide for
preservation of any historical resources.
ad. Glare from outdoor lighting should be addressed.
3. In the event First Party, any successor in interest of
First Party, or any person in possession of the property described in
Item (f) of Exhibit I violates or fai]s to perform any of the
conditions of this Agreement within thirty (30) days after notice
thereof as provided in Paragraph 5, the Board of Supervisors of Second
Party may instruct the County Counsel of Second Party to institute
legal proceedings to enforce the provisions of this Agreement. The
Board of Supervisors of 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. Notice of violation of provisions of this Agreement shall
be 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 Cd) of
Exhibit I« Any subsequent title holder, any lien holder, or party in
possession of the property shall also receive notice of such violation
at an address other than as specified in Item (d) of Exhibit I by
filing with the Cleric of the Board of Supervisors of Second Party the
address to which the notice is to be Sent, with reference to this
Agreement and the Resolution authorizing its execution.
5. 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 Party a reasonable sum to be fixed by
the Court as attorney's fees.
6. Each and every one of the provisions of this agreement
herein contained shall bind and inure to the benefit of the successor
in interest of coach and every party hereto; 'tn the same manner as if
they had herein been expressly named.
IN WITNESS WHEREOF,
Agreement the day and year
STATE OF OREGON }
} ss
County of Multnomah)
the parties hereto have executed this
first above written.
,Vice President
Louisiana P~cif "orporation
~~ ~ ~ ,[, I~ ~_ Assistant Secretary
SUBSCRIBED and sworn to before me this 19~~~ day of January, 1987.
/ rL r Gc1
Not ry Public for Oregon
My Commission expires : ~~~~/`~
~.~•:7 ~ ~~ ~ g ~ Page 3
ATTEST: MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
r
COUNTY 4F BUTTE, apolitical
subdivision of the State of
California
By;
C}iai rperson of th oard of
Supervisors
"Second Party"
STATE QF CALIFORNIA
55.
catrNTY o~ BuTr~ ~
On this day of ~ , in the year
before me C. Pitts, a Notary Public, S to of California, duly
commissioned and sworn, personaT7y appeared Ed Mci.a ghiin, personaTTy known
to me to be the person who executed this instrument as Chairman of the Butte
County Board of Supervisors and acknowledged to me that the Butte County Board
of Supervisors executed it.
IN
seal in
written.
WIT~V~SS WN~REOF I have hereunto set my hand and affixed my official
the County of Butte the day and year in t is certificate first ab
~a~ °~ OFF/IP~CIpAIryL' [S~~AI,
NOTARY PUBLIC -CALIFORNIA
6U77E COUNTY
~"~p"'P My Comm. Expires Dec. ~ 8, 1489
ove
Not ry Public, State of California
~iy commission expires December 18, 1989
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Page 4 ~~
E}(HIBIT I ¢~
Agreement
(a) "First Party", as used in this ,Agreement, includes each and all
of the following= Louisiana Pacific Corporation, P.O. Bax 629,
Red Bluff, Ca. 96080.
(b) The property is now zoned: TPZ-160
tc) The zoning reclassification of the property is fram its present
zoning tv: TM-2fl
id) Notiee to First Party pursuant to Paragraphs lVa. 4 shall be
addressed to: Louisiana Pacific Corporation, P.O. Bax 629, Red
Bluff, Ca. 96080,
(e) The change in zoning classification pursuant to Paragraph No. 4
shall be to: TM-20
(f) "Property", as used in this Agreement, includes:
All that real property situate, lying and being in T24N R4E
1"1DBandM, in the County of Butte, State of California, more
particularly described as follows:
Beginning at a point on the easterly edge of a logging road
referred ttx by Diamond Lands Co, as the "P" Line, said point
being S 56° 08' 23" E, 535.99 ft. from the intersection of the
centerline of Diamond Street and Laurel St. (County road
commonly known as the Skyway), as shown on the Map of Stirling
City, recorded in Book 4 of i'faps at Page 33, Butte County
records; fram said point of beginning, leaving said E edge of
"P" Line Road, N 81° O1' 48" E, 243.03 ft.; thence S 88° l3' 28"
E, 171.19 ft.;~thence S 84° 34' 21" E, 226.87 ft.;/thence S 84°
38' 29" E, 379.52 ft.;~thence S 31 :4b' 12" E, 277.58 ft.;~/
thence S 29° 27' Ob" E, 323.34 ft,;~thence S 12° 48' 27"~E,
323.34 ft.;~thence S 26° ll' 34" W, 153.39 ft.~r~~o a paint on the
N edge of a logging road referred to by Diamond Lands Co. as the
"R" Linerthence, along said N edge, along a 764 foot radius
curve to the left: the center of which bears S 2$ OS' 02"' W and
having a central angle of 12° 59' 37" an arc distance of 172.35°
ft.'s'fthence N 74° 51' 35" W, 684.9b ft.;;~thence along a 2$0 ft.
radius curve to the right havir}g a central angle of 41° 24' 34",
an arc distance of 202.36 ft.; thence N 33° 27' O1" W, 169.57
ft. to a point where the N edge of the "R" Line intersects the E
edge of said "P" Line,lthence continuing along the E edge of the
"P" Line, N l5° 28' l3" W, 32.32 ft. thence along a 970 ft.
radius curve to the left having a central angle of lb°___05' 21",
an arc distance of 272.38 ft.; thence N 31° 33' 34" W, 252.27
ft. to the point of beginning, Containing 20 acres, more or
less, Stirling City.
END OF' DOCUMENT