HomeMy WebLinkAbout87-235,~ 7 ~-~ c~ ~''- _ Ica ~J
°x-35184
BOARD OF SUPER~/l50RS ,
COUNTY OF .BUTTE,. STATE OF CALIFORNIA
Resolution N0. 87-235
Pag
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR TERESA GEORGE
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:
Teresa George
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 ist day of September, 1987, by the following vote:
AYES: Supervisors Fulton, 1~IcTnturf, McLaughlin, Vercruse and
Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
J 0 AN, CHAI
utte C unty Board of Supervisors
,, :;
ATTEST::;`.MARTIN~,J. NICHOLS, Chie dminis rative
Offcer+.ar:d C1 k of the Bo
By
R~UFFIC~ALBRECO DCSUB Yv,' - '
~~, F~~`f S4-9G~~'~i~
198? SEP Z9 A~ 8~ 09
CAIdDAC~ J. GnU~3BS ~~~.
CLERK-RECORDER SEE-~'~
8~-351f34
AGREEMENT
THIS AGREEMENT made this 1st day of September, 1987, by and
between "First Party", as identified in item (a} of Exhibit 1 of this
Agreement, and the CDUNTY 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 T of this Agreement; and
WHEREAS, the Property is now zoned as specified 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 NNTUALLY 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
fallowing conditions.
2a. Owner to sign an agreement to participate in a drainage
assessment district when and if the local agency establishes said
district in the future and meet the requirements of the Nitrate Action
Plan.
2b. Any new development or conversion of the existing single
family residence to be served by Cal Water.
2c. Both parcels to be limited to one common driveway access
easement from Highway 32 at the common property line when developed to
commercial uses.
2d. Tnstall curb, gutter, sidewalk and drainage upon
conversion of the existing single family structure or development of AP
42-14-114.
. -~1-5184 ~
2e. Construct a two-way left turn lane with standard tapers
to Department of California Transportation requirements.
2f. Contribute a pro rata share as determined by CDF for
commercial zoning to the cost for the new west side fire station fund.
2g. Owner to sign a covenant running with the land that
noise mitigation devices including an 8 foot masonry sound wall will be
installed as necessary so that development and operation of commercial
uses will not generate more than 60 dB at the northwest and southwest
property lines.
2h. All structures shall be located a minimum of 25 feet
form the southwest right-of-way of Highway 32.
2i. Exterior lighting shall be shielded from Highway 32.
2j. Applicant must also comply with all ether 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 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.
-. 87-3584 ~
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
_~~~~(~~
TERESA GEORGE
ATTES
` GENERAL ACKNOWLEDGMENT
State of On this the day of 19~6efore me,
t S5.
County of ~ • ~ ~~~~
the undersigned Notary Public, personpally appeared
11 . 7•,ccSEllfliilti;11iI1111ii1S1l111111!'tIRSIIIIIII111111Y1111U'4 "- ~ ~`~ '
~^ ''k I.. ILi, SEITZ
~I, f{~~~?I'Y YU;LIC ~ personally known tome
'~ lii•IFu'~~1~ CGUiri'(, CflLIFORNIA ~ proved to me on the basis of satisfactory.evidence
z ~" ~ ~ R'yrrn~ail~islmr erpires Jan. 13 1988 to be the person(s) whose name(s) y ~ subscribed to the
"~tf118111iil1131311iliiiEiliiilfll[11111111iiillllllliillllllllll111111111Ellllllllil within instrument, and acknowledged that S~p executed it.
WITNESS my h d and official seal.
~, S ~~~ Nota ig ature
{this area for ohiClal notarial Seal)
SPATE OF CALIFORNIA) _ _ _ ----._ _ ....... _ _ ___
} ss.
COUNTY OF BUTTE .~)
L~~, ~0~ this ~~5 (/~-' day of in the year
' ~ y~/ before me C. Pitts, a Notar Public, State of California, duly
commissioned 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.
OFFICIAL SEAL
~f' C. PI7TS
°® :'I NOTARYpUBLIC-CALIFORNIA NOtary PUb11C, State of California
BUTTE ~CrQUNTY
``<iFaaw'P My Comm. ExRXes Dec. 18, 19.9
My commission expires December 18, 1989
COUNTY OF BUTTE, apolitical
subdivision of the State of
California
~~~: 81-35 i 8~ ~
F~zBxT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of
the following: Teresa George
(b) The property is now zoned: 5-R
(c) The zoning reclassification of the property is from zts present
zoning to: C--1
(d) Notice to First Party pursuant to Paragraph No. 4 shall be
addressed to: Teresa George, 1925 Nord Avenue, Chico, Ca. 9592b.
(e) The change in zoning classification pursuant to Paragraph No. 4
shall. be to: C-1
(f) "Property", as used in this Agreement, includes:
All that certain real property situate in the County of Butte,
State of California more particularly described as:
Parcel 1 as shown on that certain parcel map filed in the Butte
County Recorder's Office an the 30th day of October, 1981 in Book
86 of Maps at Page fib .
END OF DOCidAf~El~f~