HomeMy WebLinkAbout87-102M -~ ~I~r~.~ c~F -i-u~ ~~arr~ _ B 1- Z 3 ~ f 2
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:po; ~' ;~: BOARD OF SUPERVISORS
~* ~ = *~ CQUNTY'' OF BUTTE, STATE OF CALIFORNIA
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~'~ ""'" Resofufiort No. 87-102
Pages
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR PAUL W. FARRIS
BE IT RESOLVED AND ORDERED that the Chairman of the Board of
Supervisors be and is hereby authorized to directed to execute an agree-
ment on behalf of the County of Butte relating to reclassification of
zoning with:
PAUL W. FARRTS
and to do and perform everything neceassary to carry out the purpose of
this resolution.
23rd
PASSED AND ADOPTED by the Butte County Board Supervisors on the
day of June 1987, by the following vote:
AYES: Supervisors Fulton, Vercruse and Chair Dolan
NOES: Supervisor McLaughlin
ABSENT: Supervisor Mclnturf
NOT VOTING: None
ATTEST; MAR.TIIq 3, NICHOLS, Chief
Offcer'and Clerk of the Board
By ~,
,i,_.
~.~i.
~~cc~R .fo ~u~r~ cc~uarY
UF~~It~L RECQRaS BY
AGENCY SNOlNf~
~~~t ~u~ zs f~ s~ 23
CANDpCE J, GRUf38S
CLERK-RECORpER FEE~Q ~~~
8'~--23212
AGREEMENT
THIS AGREEMENT made this 23rd day of ,~up~ 19 BF, by and
between "First Party", as identified in item (a) of Exhibit ~. of this
Agreement, and the COUNTY OF BUTTE, a political subdivision of the State
of California, herein called "Second Party".
WTTNF,SSETH
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 Pxnperty is now zoned as specific in Item (b) of
Exhibit 1; and
WNF.RFAS, Fixst 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
Galifaxnia, 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, ba subject to the conditions
specified in the following paragraphs:
1. That Exhibit T, 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. Map file in Map Book 92 on Page 74, accepted by the County
Surveyors Certificate on May 24, 1983, that all, the notes on that Map be
conditions that must be met on this rezone.
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 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
Page 2
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. Tn 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 fir
COUNTY OF BUTTE, a political
~- subdivision of the State pf
STATE OF CALIFORNIA ) ,
ss.
CO~TNTY OF Bt3TTE )
t
i / On this day of , in the year
l ~- before me C. Pitts, a No ary Public, State of California, duly
comma.ssioned 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.
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
written.
tp~,~, 0F1I~ A~ SEAL
• _-
~"~~ '~,~ ~• N07ARY PUBLIC - CAI.kF,C~I~~JiA
~.a ~ eu~tECOU~Pr Notary Public. State of California
~c~FO~,~ My Comm. Expires Dec. ].8, 1989
'~" My commission expires December 18, 1989
r.~
L
Page 3
EXHIBIT I
Agreement
(a} "First Party", as used in this Agreement, includes each and all
of the following: Paul W, and Gloria Farris.
(b} The property is now zoned: A-R
(c) The zoning reclassification of the property is from its present
zoning to: AR-MH
(d} Notice to First Party pursuant to Paragraphs No. 4 shall be
addressed to: Paul W. and Gloria Farris, P.O. Box 1012 Oroville,
Ca. 95965
(e) The change in zoning classification pursuant to Paragraph No. 4
sha11 be to: AR-MH
(f) "Property", as used in this Agreement, includes:
Rezone to AR-MH a portion of T19N R3E MDBand M more particularly
described as;
All of Lots 1, 2 and 4 as shown in Book 92 of Maps, at Page 74
recorded May 27, 1983 on file in the office of the Butte County
Recorder, containing .87 acres more or less, Oroville.
END OF DOCUIk+IENI