HomeMy WebLinkAbout87-109__
.+0~~[I p~, ~
... .., ~f`~.
.,
.,
.. _ - - _ --
~, .p*
-. •-'
`. ~
;>;n; BOARD QF SUPERVISORS
='~~ COUNTY OF BEJTTE, STATE OF 'CALIFORNIA
~. .•P+r~
Resolution No. s7-1.a9
RESOLUTION FOR AN AGREEMENT RELATTNG TO RECLASSIFICATION
OF ZONE FOR JERE BOLSTER AND DAVE JONES
BE IT RESOLVED AND ORDERED that the Chairman of the Board of
Supervisors be and is hereby authorized and directed to execute an agreement
on behalf of the County of Butte relating to reclassification of zoning
with:
JERE BOLSTER AND DAVE JONES
and to do and perform averything necessary to carry out the purpose of this
resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors
on the 7th day of Juiy 19$7, by the following vote:
AYES: Supervisors Fulton, McTnturf, McLaughlin, Vercruse and
Chair Dalan
NOES: None
ABSENT: None
NOT VOTING: Nane ~ ~ n
,~.;.,~ u ,.n.., .u,~~.
Butt County Baord of Supervisors
ATTEST, MARTIN J: NICHOLS, ief Administrative
Officer and Clerk oft Boar
~v
s ;';
;, :1
;,
~'~.
`ii'`~j~ t
f' ~ .
`~~U~F C Al ~~Cl'}~~SURN'~1(
L~
Pages
AGENCY S!-IOWN
138 JUt 2 i AM 8~ ! 2
CAi~UACr J, GRUBBY F~~
CLERK-RECORDfA ~f:-.---
8'7R26165
AGREEMENT
THTS AGREEMENT made this ~r3~ day of ~~r 19$7, 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 S S E T H
S~iHER~,S, First Party is the owner of real property, herein
called the "Property", situated in the Gounty 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 Ttem {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 Ttem {c) of Exhibit 1; and
~aTI~RFAS, public hearings have bean held upon said application
before the Board of Supervisors of the County of Butte, States 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 TS MUTUALLY UNDERSTOOD AND AGREED that inasmuch
as the reclassification specified in ltem (c} of Exhibit l 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. Area zoned R-1 access is limited to El Verano and the area
zoned R-3 access is limited to Lassen Avenue.
2b. Maximum density allowed wi11 be 21 units in the R-1 area
and 38 units in the R-3 area.
3. In the event First Party, any successor in interest of
j .~ Page 2 3
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
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 Iien 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 abo~.r;~ten. ~
ere E'ols
ve 3onesl
ATTEST• ~ ~~
C er of the
uAervisors
n
COUNTY OF BUTTE, a political
subdivision of the State of
California
"Second r "
~~~~~~~~Page 3
EXHIBIT I
Agreement
(a} "First Party", as used in this Agreement, includes each and all
of the following: Dave Jones and Jere Bolster
(b} The property is now zoned: PA-C
(c) The zoning reclassification of the property is from its present
zoning to: R-1 and R-3
(d) Notice to First Party pursuant to Paragraphs No. 4 shall be
addressed to: Dave Jones and.Jere Bolster, C~0 Stone Bridge
Realtors, 468 Manzanita Avenue, Chico, Ca. 95969.
(e) The change in 2aning classification pursuant to Paragraph Na. 4
shall be to: R-1 and R-3
(f} "Property", as used in this Agreement, includes:
Description of R-1 Parcel:
A portion of Parcel 1 as said Parcel 1 is shown on that certain
Parcel Map file April 3, 1978 in Book 65 of Parcel Maps at Page
60, records of Butte County California, being also a portion of
Lot 1 and a portion of that parcel shown as "Remaining Lands of
Owner" on that certain Map entitled "EASTWOOD OAKS CONDOMINItiM
SLIBDIVISON" which Map was filed May 10, 1983 in Book 91 of Maps at
Pages 26 and 27, records of Butte County, California and being
more particularly described as follows:
Commencing at the SE corner of said Lot 1 of Eastwood Oaks
Condominium Subdivision which point is at the beginning of a curve
to the right on the northwesterly line of Panama Avenue and
running thence along the southeasterly line of said Lot 1 and
along said curve to the right, the tangent to which bears N 37°
19' 00" W, and having a radius of 226,00 ft., through a central
angle of 5l° 52' 54" and arc distance of 204.64 ft. to the true
paint of beginning for the herein described parcel:
Thence leaving said southeasterly line of Lot 1, S 59° 58' 30" E a
distance of 159.03 ft., more or less, to the southeasterly line of
said Parcel 1 of Book 65 of Parcel Maps at Page 60; thence along
the boundary of said Parcel 1, the following tem (10) courses; (1}
N 32° 54' 00" E a distance of 40.00 ft.; (2) S 57° 06' 00" E a
distance of 169.62 ft.; (3) N 27° 39' 00" E a distance of 404.83
ft.; (4) N 18° 26' 30" E a distance of 52.50 ft.; (5) 71° 17' 45"
E a distance of 14.48 ft.; (6) N 24° 17' 25" W a distance of
8~~~.6 ~ ~5 Page 4
119.75 ft. to a point on a curve to the left on the southerly line
of E1 Verano Way, the tangent to which bears S 65° 42' 35" W; (7}
Along said curve to the left, through an angle of 3° 21' 19°°, with
a radius of ].70.00 ft., an arc distance of 9.96 ft.; ($} N 27° 38'
44" W, radially, a distance of 670.00 ft. to a point on a curve to
the left on the northerly line of E1 Verano Way the tangent to
which bears S 62° 21' I6" W; (9) Along said curve to the left,
through an angle of 2° 29' 29" with a radius of 230.00 ft. an arc
distance of 10.00 ft.; (10) N 27° 38' 44" W a distance of 126.08
ft. to the southeasterly' line of Lot 15 of the Hobart Subdivision;
thence S 71° I9' 57" W along the southeasterly line of Lot 15 of
said Hobart Subdivision a distance of 51.72 ft., more ar less, to
the SE corner of Lot 1 of the Hobart Subdivision; Thence along the
northeasterly line of said Lot 1, N 37° 19' 00" W a distance of
213.64 ft.; thence S 52° 40' 42" W a distance of 205.26 ft.;
thence S 37 19' 00" E a distance of 144.35 ft. to a paint in the
sotuheasterly line of Lot 1 of said Hobart subdivision; thence
continuing along the southeasterly Line of said Lot 1, S 7I° 19'
57" W 139.00 ft., more or Less; thence at right angles, S 18° 40'
03" E a distance of 182.44 ft.; thence 5 61° 19' 00" E a distance
of 75.00 ft. more or less to the southeasterly line of said Lot 1
of Eastwood Oaks Condominium Subdivision; thence S 28° 41' 00" W
along said line a distance of 180.00 ft. to the beginning of a
tangent curve to the left; thence along said curve to the left,
having a radius of 226.00 ft., through a central angle of i4° 67'
06", an arc distanche of 55.69 ft. to the true paint of beginning
and containing 6.18 acres, more or less.
Description of R-3 Parcel:
A portion of Parcel 1 as said Parcel is shown on that certain
Parcel Map filed April 3, 1978 in Book 65 of Parcel Maps at Page
60, records of Butte County, California, being also a portion of
Lot 1 of the Hobart Subdivision of the Daniel Bidwell Rancho as
shown on the map thereof filed November 7, 1904, in Book 4 of Maps
at Page 24, records of Butte County, California and being more
particularly described as follows;
Beginning at the NE corner of said Parcel 1 which point is on the
southeasterly line of Lassen Avenue at its intersection with the
northeasterly line of said Lot 1 of the Hobert Subdivision and
running thence S 37° 19' 00" E along said northeasterly line a
distance of 545,00 ft,; thence S 52° 40' 42" W, a distance of
205.26 ft.; thence N 37 19' 00" W a distance of 500.00 ft. to the
SW corner of Parcel 2 of Book 65 of Parcel Maps at Page 60; thence
N 52° 40' 42" E a distance of 160.00 ft.; thence N 37° 19' 00" W a
distance of 145.00 ft. to the southeasterly Line of Lassen Avenue;
thence N 52° 40' 42" E along said line a distance of 45.26 ft. to
the point of beginning and containing 2.54 acres, mare or less.
END O~ DOCUMENT