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HomeMy WebLinkAbout86-087,., BOARD OF ;SUPERVISORS COUNTY `OF BUTTE, STATE OF CALIFORNIA Resolution No. as-s7 87-Ot1694 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR JOHN MORGAN AND GUNTER RANFT BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agree- ment on behalf of the County of Butte relating to reclassification of zoning with: JOHN S. MORGAN AND GUNTER RANFT 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 17th day of June, 1986, by the following vote: AYES: Supervisors Dolan, Fulton, McInturf and Chairman McLaughlin NOES: None ABSENT: Supervisor NheeTer NOT VOTING: None ! ~ ATTEST: MARTIN J. NICHOLS, Chief Administrative ~~ RQ~~ ~~r~~ ~~~rY Officer. and Clerk of the Board ~~~~l~~'R~~~R~~~ '~bof~~.b ~~. St~~F.SZ-~1~50~5 ~ c.,'s '~ ''' CAN~ACE J. GRI~B~r FED 1 ~11rR1C-REtt~~R F&~ NQ to p Pagan ~~~~~~~_ ED MCLAUGHLIN, C IRMAN Butte County Board of Supervisors 8'7- 4694.. 9 AGREEMENT THIS AGREEMENT made this 1st day of 3uly , 198b, by and between "First Party", as identified in item (a7 of Exhibit 1 ot~ this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "'Sacand Party". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Praperty", situated in the County csf Butte, which Property is described in Item (f) of Exhibit i of this Agreement; and WHEREAS, the Praperty is now zoned as specific in Item (b) of Exhibit 1; and WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Praperty is being reclassified Pram 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. NQW THEREFORE IT IS MUTUALLY UNDERSTQOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit l ]s being granted, the said reclassification shall be sub,~ect 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 witl-i tt-se same force and effect as if fully set forth herein. 2. That First Party shall construct and comply with all the fallowing conditions: ~a. Morgan and Ranft parcels to be developed with a common access road. 2b. Limit all cut $nd fill to 2 ft. 2c. Reseed all road cuts. M Page 2 2d. Construct drainage ditches along all driveways. 2e. install riprap or headwalls at all points of concentration. 2f. ©esignate slopes over 30~ as no development areas. 2g. Maintain native vegetation outside of designated homesite areas. 2h. Limit earthwork to nonrainy season. 2i. Note earthquake hazard on any subsequent parcel map. 2~j. Designate 100 foot no development areas from all swales with riparian vegetation. 2k. Dwellings to be constructed of nonflammable siding and roofs. 21. Sprinkler systems to be installed in subsequent dwellings. 2m. Grant to Butte County 60 feet of right-of-way along Hurleton Road. 2n. Install water storage with CDF approved drafting connections. 20. No development will be allowed within the areas designated as open space on Exhibit #l. 2p. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3. in the event First Party, any successor in interest of First Party, or any person in possession of the property described in item if) of Exhibit i violates or fails 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. lihe Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item tb) of Exhibit i or any other su-itable classiflcstian. 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 (d] 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 Glerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and P~~g .~ the Resaiution authorising its execution. 5. In the event shit 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. b. 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 each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. r ~~ ATTEST: €', ~/G~r.=.~ y C Clerk of t Board of Superv ilse~s ~J 7. ~ COUNTY OF BUTTE, a political subdivision of the State of a1ifarnia By ., ~ C Choirperson of a Board of Supervisors Page 4 EKHIBIT I Agreement (a} "First Party'", as used in this Agreement, includes each and all of the Following: John S. Morgan etal. (b} The property is now zoned: FR-i0 fc) The zoning reclassification of the property is from its present zoning to~ FR-5 (d} Notice to First Party pursuant to Paragraphs No. 4 shall be addressed to: John S. Morgan 9425 Nichols Street, Bellflower, Ca. 90706 and Gunter Ranft, P.O. Box 896, Oraville, Ca. 95965 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-5 (f} "Prr~perty", as used in this Agreement, includes: A portion of Section 16 T19N R5E MDBandM, more. particularly described as: Beginning at a point on the N line of said Section 16 that bears N $9° 29' 30" E, a distance of 607.29 ft. from the NW corner of said Section 16; thence S 89° 29' 30" W a distance of 607.29 ft. to the NW earner of said Section 16; thence S 0° 24' W, along the W line of Section l6 a distance of 2131.29 ft. to a paint an the S line of the Oroville Forbestown Road, said point being also the NW carnet of that certain parcel of land, described in the deed, to William D. Dederick, etux dated March 7, 1942 and recorded in Baok 28b of Butte County official records at Page 333; thence along the southerly line of said Oroville Forbestawn Raad, and the northerly line of said Dederick parcel, the following courses and distances: N 71° 09' E 129 ft.; S 79° 18' E, 76.70 ft.; S 76° 21' E, 108.5 ft.; S 60° 35' E, 194.7 ft.i S 77° 40' E, 71.60 ft.; S 83° ]3' E~, 66.45 ft.; S 83° 13' E, 167.65 ft.; thence N 88° 18' E 227.20 ft.; N 75° 33' E, 71.20 ft.; N 66° 46' E, ]70 ft. to a point at the NE corner of said Dederick Parcel; thence leaving the southerly line of said Oroville Forbestown Road, N 41° 16' E 65.51 ft. to a paint at the mast westerly corner of the land described in the deed from Walter A. Post, etal, to OWID, dated August 2, 1923 and recorded August 31, 1923 in Baak 204 of deeds, Page l5's thence slang the northerly line of said OWID property N l7° l4' E, 224.6 ft.; thence N 0° 37' 15" W 1946.21 ft. to the N line of said Section lb; thence S 89° 29' 30" W 1304.87 ft. to the point of beginning. ~'.° ~U~~~~C)~~ Page 5 Excepting therefrom the property within the southerly 10E30 ft. of the aforemention described parcel which shall be zoned FR-5. Also excepting therefrom the following described parcel of land A portion of Section 16, T19N R5E MDB and M more particularly described as~ • Commencing at the NW corner of said Section 16; thence S 1° 17' OS" W 2119.24 ft.; thence N 70° 45' E 129.78 ft.; thence S 79° 42' E, 76.74 ft.; thence S 7b° 45' E 108.5 ft.; thence S 60° 59' E 194.7 ft.; thence S 78° 04' E 71.60 ft.; thence S 83° 37' E 234.1 fta; thence N 87° 54' E 45.42 ft. to the true paint of beginning for the parcel of land herin described; thence N $7° 54' E 18fl.78 ft.; thence N 75° 09' E 69.22 ft.; thence N 20° 44' W 357 ft.; thence S 84° 22' W 248.'77 ft.; thence S 20° 44' E 357 ft. to the true point of beginning. Containing 62 acres more or less, Lake Wyandotte Area. • ;> • `~ :J 8T--8i+694 _ ~_ ~'~~ r , f i ~•- -. i. G..,; ='~'. . 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