HomeMy WebLinkAbout87-087~t-Z~Z(3
BOARD OF SUPERVISORS ,
COUNTY OF BUTTE,. STATE OF .CALIFORNIA
IZesolufion No. 87-87
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR JAN GREENBERG
BE IT RESOLVED AND ORDERED that the Chairman of the Board of
Supervisros 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:
Pages
JAN GREENBERG
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 2nd day of June 1987, by the following vote:
AYES: Supervisors Fulton, McI'nturf, McLaughlfn, Uercruse and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST : - :_MARTII3~•'J: ; NICHOLS ,
`Officer and Clerk of the Hoard
By
"REeORDEp BUTTE CAUNTY
UFFIClAL RECORDS I3Y
e4(,ENCY SHOVVf~
i~ifi JUN 26 M1 8~ 23
CAtJDACE J. GRUBBS
CLERK-RECORDER FEE ~~ FEf~
8'~=2323
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AGREEMENT
THIS AGREEMENT made this 2nd day of June 1987, by and
between "First Party", as identified in item (a} 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 Butte, which Property
is described in Item (f) 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 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 l; and
WHEREAS, public hearings have been held upon said application
before the Board of Supervisors of the County of Buttes, 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 AGREEi3 that inasmuch
as the reclassification specified in Item (c} of Exhibit 1 is being
granted, the said reclassification shall 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 shall construct and comply with all the
following conditions:
2a. Comply with Use Permit 86-62 issued on AP 6-35-24 with the
stipulation that landscaping requirements for the entire project area be
fulfilled at the time of the issuance of the building permits.
2b. Dedicate 20-foot radius returns at Lassen Avenue and
Esplanade.
2c. Applicant must also comply with all other applicable State
and local statutes, ordinances, and regulations.
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Page 2
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 ar fails to perform any of the
conditions of this Agreement within thirty (3Q) 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 Ttem (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 Ttem (d) of Exhibit
S 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 Stem (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.
n
STATE OF CALIFORNIA l ~ `~
ss.
~ COUNTY OF BUTTE
On this ~f' day of in the year
/`' ~ before me C. Pitts, a Not y Public, State of California, duly
' eared Jane Dolan, personally known to me
commissioned and sworn, personally apP
to be the SurervisorseanduacknowledgedttommetthatCtherButtefCountyutBoardunaf
Board of p
Supervisors-executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal in the County of Butte the day and year in this certificate first above
vrritten.
<,~ om ,h QFFICIAL SEAL -
~`~`~~`"~~~~~ C. PITTS
~~~"~` °~ Notary Public, State of California
;ice ca }~:-s„ ~~ NOTARY PllBLIC - CALIFORNIA
~'-::~==~~F- : eur-r~ cauNrY
~~FC-~~~ My Comm. Expires pec. 7 8,1989
~r,~.. M1 commission expires December 18, 1989
Page ~ "
EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all
of the following: Jan Greenberg.
(b) The property is now zoned: U (Unclassified)
(c) The zoning reclassification of the property is from its present
zoning to: C-2 (General Commercial}
(d1 Notice to First Party pursuant to Paragraphs No. ~+ shall be
addressed ta: Jan Greenberg, 7b7 Westmont Court, Chico, Ca.
95926.
(e) The change in zoning classification pursuant to Paragraph No, ~+ ,
sha11 be to: C-2
(f) "Property", as used in this Agreement, includes:
A portion of Lot 9 of the EVANS TRACT which was filed in the
office of the Recorder of the County of Butte, State of
California, November 16, 1$94 in Book 3 of Maps at Page 67 more
particularly described as:
Beginning at the SE corner of said Lot 9, being in center,of
Lassen Avenue, thence southwesterly along the centerline of Lassen
Avenue a distance of 300 ft.; thence northwesterly and paralleling
the easterly lotline of said Lot 9 a distance of 273 ft.; thence
northeasterly on a line parallel to the southerly lot line of said
Lot 9 a distance of 300 ft.; thence southeasterly along the
easterly line of Lat 9 a distance of 273 ft. to the point of
beginning. Containing I.88 acres, more or less, Chico.
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