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""' ~ Resolufion No. 87-101
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR VITO R. QUATRARO
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:
VITO R. QUATRARO
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 23rd day of June 1987, by the following vote:
AYES: Superyiaors. Fulton, A9cLaughli;n, )lercruse and Chair Dolan
NOES: None
ABSENT: Supervisor McInturf
NOT VOTING: None
Butte
ATTEST: MARTIN 3: NICHOLS, 'ef Adm'
Of~ceY°and-Clerk of the and
3:-° ,
rj
gy
..
ty Board of Supervisors
Pages
R~CflRtlEi) i3.UTi'E COUNTY
~UF~IC9AL-~3E~CtROS BY
~G~IV~Y SFIOWIV
i~i31-JUN 26 ~[~ 6~ 22
CA~dilACE J. uRUQBS
~CI.ERK-RECORDER. FEE ~~ ~~~
g~7-23211
ative
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AGREEMENT
THIS AGREEMENT made this 23rd day of June 19 87 by
and between "First Party", as identified in item (a) of Exhibit 1 of
this Agreement, and the COUNTY 0~' BUTTE, a political subdivision of the
State of California, herein called "Second Party".
W I T N E S S E T H
WHEREA5, 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 specified 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 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 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 subject to the
conditions specified in the following paragraphs:
1. That Exhibit 1, 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
following conditions:
2a. Meet the requirements of the Nitrate Action Plan.
2b. Construction Limited to one additional two-bedroom house
until community sewer is provided.
2c. Eliminate the dry well on-site under permit through the
Environmental Health Department.
,~
2d. Provide an alternative solution to drainage under permit
and inspection by the Department of Public Works.
2e. Meet the requirements of Butte County Code Section 2~-35
and provide two off-street parking spaces per unit.
2f. 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
Ttem (f) 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. 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 specific in Item (d) of
Exhibit 1 and to the street address of the property described in Item
(d) of Exhibit 1. 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
1 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 ind and insure 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.
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VITO R. QUATRARO
i
,'ATTEST : /,_.._
erk of the Board of
Supervisors ~ 2-
COUNTY OF BUTTE, a political
subdivision of the State of
California ,->, n
Chai~persori o~ the Board of Supervisors
"Secd~nd Party"
EXHIBIT 1
Agreement
(a) "First Farty'°, as used in this Agreement, includes each and all of
the fallowing: Vita R. Quatraro
{b) The property is now zoned: U
(c) The zoning reclassification of the property is from its present
zoning to: R-~
(d) Notice to First Party pursuant to Paragraph No. 4 shall be
addressed to: Vito Quatraro, 898 W. 12th Avenue, Chico, Ca.
95926
(e) The change in zoning classification pursuant to Paragraph No. 4
sha11 be to: R-2
(f) "Property", as used in this Agreement, includes:
Being a part of Lots 3 and 4 of Block 41, according to that
certain Map entitled, Revised Map of Blocks 41, 42, 57, 58, 48,
the W 112 of Blacks 65 and 66 and the E 1/2 of Blocks 75 and 76 of
Chico Vecino", which map was file in the office of the Retarder of
the County of Butte, State of California, on October 9, 1905 in
Baok 4 of Maps, at Page 13, being mare particularly described as
follows;
COMMENCING at the SE corner of said Lot 4; thence at right angles,
l00 feet in a westerly direction along Ninth Avenue; thence at
right angles, northerly 180 feet to the N line of said Lot 3;
thence at right angles, 100 feet along the N line of said Lot 3 to
Laburnum Street; thence at right angles, 180 feet to the place of
beginning.
-3- E~1U OF ppCUM~t