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HomeMy WebLinkAbout86-155~1-0470G ;;;.~r..v;~ •. - ~ T _-T_ `. :o~'. `` ~'` ~~: BOARD OF SUPERVISORS i~~ `~• ~'t = ' *; COUNTY` OF BUTTE, STATE OF CALIFORNIA _.~ ~~~.• • ~'+~~ L'l?UN'~ Resolution No. 86-155 tt•r,aaiy~*~ _ RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION Pages OF ZONE FOR FRED SPRINGER ~~ ,~ BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute and agree- ment on behalf of the County of Butte relating to reclassification of zoning with: ARNOLD PACIFIC PROPERTIES 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 18th day of November, 1986, by the following vote: AYES: Supervisors Dolan, Fulton, McInturf and Chairman McLaughTin NOES: None ABSENT: Supervisor Wheeler NOT`VOTING: None ~~ ED McLAUGHLIN, CHAI Butte County Board of Supervisors ATTEST: MARTIN Ji `~tICHOLS, Chief Administrative ~(~ BfI~~COtlNiY Officer az~d Clerk of the Board ~,~F~~~~~~~~S~Y ht~~,. ~~ , 5, . ~~~RA~ off': S~.G~~'vi~tz~ By : ~ ~~rra¢~v~-.. ~ j 1987 ~ -~i AN ~ ~~ GAND~C~ J. GRt18BS FEE 61~'~tK-REC~R(JF,It FED _. 6'7= 4'70 s~-o~~oo AGREEMENT THIS AGREEMENT made th i s a~ sr day of N4~lf~ustVt , 1 qg~j, by and between "First Party", as identified in item Ea) of Exhibit 1 of this Agreement, and tyre 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 Gaunty of Butte, which Property is described in Item Cf) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit l; 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 tc) of Exhibit 1; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the Gounty of Butte, State of California, and after having considered the matter pre-~sented, it I'tias 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 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 with the same force and effect as if fully set Earth herein. 2. That First Party shall construct and comply with all the following condition s 2a. Widen East Avenue along pro,~ect frontage to four lanes with a continuous left-turn lane, tapering down to two lanes 2fli3 feet west of the project site. Taper to Department of Public Works standards. 2b. Pay a pro rata share to install a traffic signal at EastlCussick. i~cl*aF3 2c. Reduce the number of a curb cuts on East Avenue to three, w - th a m i n i mum of S()(1 feet between cuts . 2d. Deed a 1-foot no-access strip along East Avenue to Butte Gaunty, breaking far approved access point. 2e. install curb? gutter and sidewalk slang Esplanade frontage, breaking for the approved access. 2f. improve Henshaw frontage to full County standards along the entire mobile home park frontage. 2g. Install curb, gutter and sidewalk along Henshaw along the entire mobile home park frontage. 2h. Pay a pro rata share tq improve Henshaw Rgad approach at Esplanade. 2i. Access to the shopping center shall be primarily from East Avenue, access an the Esplanade to be limited to right--inlright-out with a barrier installed on Esplanade to prevent left turns, 2,j. Construct a deceleration and acceleration lane along the pr©ject's East Avenue frontage to Butte Gaunty standards. 2k. Deed a 1-foot na-access strip along Esplanade to Butte County breaking for the approved encroachment. 21. ©btain an authority to construct from the Butte County Air Pollution Control District. 2m. Instal1 drainage and other urban improvements as required by the Subdivision ©rdinance. 2n. Construct a 6--foot solid masonry wall along the entire north boundary of the shopping center with a maximum of two C2) pedestrian access points. 20. Contribute to the West Side Fire Station Fund and install hydrants as required by C©F. 2p. Install community water throughout the existing and proposed Project area and install sewer to all new construction in the project area. 2q. Screen al] trash receptacles from public view. " p Page 3 ~!°'. Install parking and landscaping pursuant to Butte County Code Section 2~-35. 2s. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 2t. Limit rear delivery of commercial goods to the hours of b=00 a.m. through lO«~E} p,m, 2u. Parking areas lights to bc~ shielded to minimize illumination of residential areas. 2v. Further development of Parcel £a-15-71 tStile) requires improvement of East Avenue to four.lernes r+t3th a continuous left turn lane al csng the frontage . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above va ~ to Fred Spry g Arnold Pa is Properties lt~L ~ ~e a 99~~ ((~l n ~r ~ l~ ~~ ~ t , ~ ~ F f`. [Jl lli l r a~`= NDTARY Fl;3LiV - CALIrOf?I~IA ~:~~~' `~::-.~ . ;-~ a'r" rt~tir r t~~,r~F'~R.~~. i O COJNTY `_'I` My Ce-ri. [xpires 5e~;t. 1 1, 1990 ,1, ,, l a k c; 7:, ~: ~~,'~ ~ Fk ATTEST : ' .~~r~: ~r :~~:~~1 of COUNTY OF BUTTE, a political subdivision of the State of California B '~ y Chairperson of a Board of Supervisors "Second Party01 8~-0~7~0 Page 5 EKHIBIT I Agreement (a7 "First Party", as used in this Agreement, includes each and all of the following: Fred Springer, c/o Arnold Pacific Property. (b7 The property is nnw zoned: S-R, U, R-3, R-4 and C-2. (c) The z©ning reclassification of the property is from its present zoning ta: R-2 and C-l. (d) Notice to First Party pursuant to Paragraphs No..4 shall be addressed tn: Fred Springer, c/a Arnold Pacific Propperties, 4$11 Chippendale Drive, 5acramentn, CA 95841. (e) The change in zoning classification pursuant to Paragraph No, 4 sha11 be ta: R-2 and C-1. <f) "Property'}, as used in this Agreement, includes: See Attached: U e-1 zone Descri tion Ali that certain real property situate in the County of Butte, State of California, described as follows;. A portion of the RanChO Arroyo Chico, being a I so a portion of projected Sections 16 and 21, Township 22 North, Range ] East, M.D.B. i~ M., and being more part i cu I ar I y described as fo.l I ows: COMMENCING at the intersection of the Southeasterly line of Renshaw Avenue and the Northeaster I y I i ne of Lot 1 1 of the Cussick Tract, ~as the same is shown on the map thereof, filed November 27, ]895, in Baok 1 of Maps, at Page 48, records of Butte County, California, which point bears South 37°33'24" East from the corner common to Lots 6 and 11 of said Cussick Tract and Lot 13 of the Evans Tract, as the same is shown on the Map thereof, f i i ed November ] 6, 1894, in Book 3 of Maps, at Page 67, records of Butte County, Ca I i forn i a, and running thence South 37°33' 24" East a i ong said Northeasterly line of the Cussick Tract, a distance of 1246.56 feet to the Northwesteriy line of l=ast Avenue; thence North 52°15' 22" East a 1 ong sa i d i i ne of East Avenue, a d i stance of 1 451,37 feet to the true P01 NT OF BI=GINNING; thence from said true POINT OF BEGINNING and continuing along said northwesterly iine of East Avenue the following three (3} courses: (]} North 52°]5'22" East 105.75 feet, (2} North 52°01' 15" East 276.82 feet and (3} North 52°15' 1 ]" East 457.04 feet; thence leaving said northwesterly line of East Avenue North 37°44'49" West 105.83 feet; thence North 52°15'11" East 71.90 feet; thence North 37°44'49" West 200.92 feet; thence North 52°15' 1 1" East 13.50 fast; thence North 37°44'49" West ]8b.0O feet; thence North 52°15'11" East 23.00 feet; thence North 37°44'49`" West 99.13 feet; thence South 52°15'11" West 948.00 feet; thence South 37°44' 49" l=ast 593.00 fret to the PO 1 NT OF BEG I NN E NG. 8~-D4T00 ~j R-2 ZONE Description Ali that certain real property situate in the County of Butte, State of California, described as follows: A portion of the Rancho Arroyo Chico, being a 1 so a portion of protected Sections i5 and 21, Township 22 North, Range 1 East, M.D.B. 8~ M., antl being more part i cu I ar I y descr 1 bed as follows: COM M£NCING at the intersection of the Southeasterly line of Renshaw Avenue and the Northeaster I y I i ne of Lot i i of the Cusick Tract, as the same is shown on the map thereof, f i I ed November 27, i 895, 1 n Soak 1 of Maps, at Page 48, records of Butte Caunty, California, which point bears South 37°33'24" East from the corner common to Lots 5 and 11 of said Cusick Tract and Lot 13 of the Evans Tract, as the same 1 s shown on the Map thereof, f i I ed November 16, 1 894, in Book 3 of Maps, at Page 67, records of Butte County, California; thence from said POINT DF COMMENCEMENT and along said southeaster 1 y I i ne of Renshaw Avenue North 52°1 2°50" East 1335.45 feet to the TRUE PD1NT DF BEGINN1NG; thence from said TRUE POINT OF BEGINN[NG and continuing along said southeasterly I ine North 52°12'50" East 815.30 feet; thence I eav 1 ng said southeaster I y I i ne South 37°44' 49" East 1 64.80 feet; thence North 52°04'41" East 10.75 feet; thence South 37°44'49" East 5.00 feet; thence North 52°04'41" East 235.73 feet; thence South 37°44'49" East 424.48 feet; thence South 52°15' 11" West 2.00 feet; thence South 37°44'49" East 61.57 feet; thence South 52°15'11" West 1459.78 feet; thence North 37°44' 49" West 554.54 feet to the PO f NT OF BEGINNING. END 01= DOCUMiwi~'