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HomeMy WebLinkAbout87-073__._ ~.i„ ~ c~.~-ice c~F -~~ ~a~-ate. , .~f 'T _ ! ~ 8 16 P'ag~ r i~'+lY~~~~~~~~ roux" ~~aarrai* 'c BOARD OF SUPERVISORS .: CUUNTY.OF BUTTE, STATE OF. CALIFORNIA Resolution No. 87-73 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR BRUCE C, MITCHELL BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agree- meat on behalf of the County of Butte relating to reclassification of zoning with: BRUCE C. MITCHELL 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 5th day of May, 1987, by the following vote: AYES: Supervisors Fulton, McInturf, McLaughlin and Chair Dolan NOES: Supervisor Vercruse ABSENT: None NOT VOTING: None E OLAN, C IR ;,t;{ Butte County Board of Supervisors ATTEST:`,'MARTIN'J. NICHOLS, Chief Administrative Officer and Clerk of the Board by i t( '~~• RLCUnDCD BEfTTF CGJ~ ~ Y OFFICIAL REC()r~DS BY AGENCY SHOV1lN I98t JUId ,2 Atd 8~ 04 CAIrDACF J. GRlJ86S CLERK-RECORDER FEE ~~ EEE 8'7-138:L6 AGREEMENT THIS AGREEMENT made this 5th day of May, 1987, by and between "First Party", as identified in item (a) of Exhibit 1 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 5 5 E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item .(f} of Exhibit T of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit l; and WHEREAS, First Party has applied for 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 bean 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 shall be sub3ect 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 shall construct and comply with all the following conditions: 2a. Prove that there is a 60 ft. deeded right-of-way from nearest County maintained road. 2b. Have a 60 ft. deeded right-of-way access from property for an alternate public road. 2c. Clear private roadways of dry and dead brush from 20 feet from centerline and dispose of brush according to CDF requirements. a("~ ~~'I b „~ Page 2 2d. Pay $25fl water tender fee for Butte County Fire at time of application far building permit. 2e. Residential structures to be built with fireproof, boxed eaves, fire resistant exterior walls, no shakes or shingles. 2f. Sprinkler system to be installed in interior of residential structures. 2g. All outbuildings (accessory buildings) to be built with fireproof roofs. 2h. 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 (f) of Exhibit T 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. 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 (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 Clerk 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 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. ~~ ~~-~ss~s y Page 3 r BRUCE C. MITCHELL ~-~l~'"O ATTE T: ~ - Cl rk of the oar of Supervisors ' COUNTY OF BUTTE, apolitical subdivision of the State of California STATE OF CALIFORNIA ? ? ss. COUNTY OF BUTTE ) ;a On this ~~ day of in the year before me C. Pitts, a Notary Public, State of California, duly commi sinned and sworn, personally appeared Jane Dolan, personally 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. TN ~IITNESS W~iEREOF T have hereunto set my hand and affixed my official seal in the County of Butte the day and year in this certificate first above written. .~~.~ ~w o~~~Cia~, sE~aL `-. `.~"' -<' C. PMTS ~' '~• ~'Q~~-°'~f'"~ N07ARYPUI/'LIC-CALIFORNIA ~ otary Public, State of California BU I"1•E COl3NTY `~cr~oaYiP My Comm. Expires Dec, 19, S 989 "~ My commission expires December Z8, 1989- 1 STATL~ OF CALIFORNIA On this ....CP...t.-f:`~.. ~~ ~s day of ............... in year one thousand nine ss. hundred and ......Q."..~~ ............. before me, C :r:...~~. COUNTY OF .... ..~..... .... ................ ~ .. , ...................................... ,y . ~ y a Nota Publre State of C ifornia dui commis toned a d sworn personally appeared .~....~r .............. .... . ."p` Orr V~~i.4LotlL7'S.~'ltiL/ u} _ W ~ N07ARY PLiESLIC -CALIFORNIA ~~`~° BU7TECOIJNTY ~'~~FOA~~~P My Comm. Expires pec. 1$, i 9$9 Acknowledgement-General (C. C. Sec, l I90a) .............................................................................................................................. known to me to be the person ...., whose name ...1~..~... subscribed to the within instrument and acknowledged to me that .....he..... executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the .......................... County of .~,.... the day and year in this certificate first above written. ~ /~ Notary Public, State of California ~~,, qq My commission expires .. ..... ....... .,~~J~l..~fn ''Second Paxty" 81-~~98~8 ~ Page 4 EXHIBIT I Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Bruce C. Mitchell. (b) The property is now zoned: L3 (c) The zoning reclassification of the property is from its present zoning to: FR-2 (d) Notice to First Party pursuant to Paragraphs No. 4 shall be addressed ta: Bruce C. Mitchell, 912 Dresslerville Road, Gardnerville, Nevada 89410. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-2 (f) "Property", as used in this Agreement, includes: A portion of Section 2, T20N, RSE, MDBM, and more particularly described as follows: COMMENCING at the NW corner of the SW 1/4 of the NW 1/4 of said Section 2, being also the NW corner of that certain parcel of land described in Deed from John Schroder, Jr., et ux, to James M. Ladd, an unmarried man, dated 3une 19, 1970, and recorded July 8, 1970, in Book 1622 of Official Records, Page 595, records of Butte County, California; thence S 89° 41' 00" East along the northerly line of said Ladd parcel, a distance of 1070.63 ft. to the northeasterly corner of that certain parcel of land described in Deed from James M, Ladd, an unmarried man to Huburt 0. Hoffman, et ux, dated August 26, 1970 and recorded September 8, 1970, in Book 1633 of Butte County Official Records, at Page 30; thence S 8° 53' 55" W, along the Easterly line of said Hoffman parcel, a distance of 323.62 ft.; to the NE corner of that certain parcel of land described in Deed from James M. Ladd to Donald Prince Collins, et ux, recorded November 30, 1971, in Book 1716 of Butte County Official Records, at Page 121; thence S 0° 12' 35" W 320 ft. to the SE corner of said Collins parcel; thence S 89° 40' S7" E along the southerly line of said Ladd parcel, a distance of 324.01 feet to the southeasterly corner of said Ladd parcel; thence N 0° 04' 25" E along the easterly line of said Ladd parcel, a distance of 640 feet to the northeasterly corner of said Ladd parcel; thence N 89° 41' 00" W along the northerly line of said Ladd parcel to the point of beginning. AND C}~ ~l~Q~~fV~~~~"