HomeMy WebLinkAbout87-26311A 7 Gt.E1?X• cP fN~ Booms
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:~: ;fir BOARD OF SUPERV ISORS
** ~ ; *~ COUNTY.OF E3UTTE, STATE OF CALIFOR~~11A
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Resolufion No. 87_263
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RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OE
ZONE FOR EDUARDO VANGE AND CLARENCE HAMMER
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:
EDUARDO VANCE AND CLARENCE HAMMER
and to da and perform everything necessary to carry out the purpose of
this resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors
on the 27th day of OCtOber 1987 by the following vote:
AYES: Supe~yisorS Fulton, McTnturf, McLa[agh7in and Chair Doian
NOES: ~vOPr'E
ABSENT: $UperYiSOr vercruse
NOT VOTING: NQNE
E DOLAN, CT~AIR `-
`,rt~ Butt County Board of Supervisors
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ATTEST: hi.SFTIIV J.`NCHOLS, hief Admi istrative
0£ficer aiid` Glerk of the Boar
By
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RE~FFICtA _ RC-~CORD~~BY~Y
pAGyy~{~1N'' G`~ SpHOrWN
~Jtll 1YoY ~~ { ~ L' ~~
CIai~D~CE J.. GRUBB~O FEE
CLERK~RECORDER F€E_..~•
8'7-41619
8~'-~~1fii9 0~
AGREEMENT
THIS AGREEMENT made this 23rd day of ~Pt• 19 87 , 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 5 5 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 xterri {f) of Exhibit T 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 class ificatians specified in Item {c) of Exhibit 1;
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 shall construct and comply with all the
following conditions:
2a. Deed to the County of Butte 40 ft. of right-of-way
measured from the centerline of State Highway 162 (Oro
Dam Blvd. West).
2b. Meet the conditions of Caltrans and obtain necessary
encroachment permits from Caltrans for the development
of the above facilities.
2c. 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
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First Party, or any person in possession of the property described in
Item (f) of Exhibit T 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 Gounty 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 l 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.
G~~cr. ~ !/C~
EDUARDO VANCE
CLAR NC HAMME
COUNT'Y' OF BUTTE, a political
subdivision of the State of
California _
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EXHTBTT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of
the following: Eduardo Vance and Clarence Hammer.
(b) The property is now zoned: R-3
(c) The zoning reclassification of the property is from its present
zoning to: C-2
{d) Notice to First Party pursuant to Paragraph No. 4 sha11 be
addressed to: Eduardo Vance, 1616 Grand Avenue, Oroville, Ca.
95355 and Clarence Hammer, 686 Bird Street, Oroville, Ca. 95965.
{e) The change in zoning classification pursuant to Paragraph No. 4
sha11 be to: C-2
(f) "Property", as used in this Agreement, includes:
The southerly 250 feet of the easterly 210 feet of Lot 6 as shown
on that certain map entitled "Map of Thermalito, Butte County,
California, Wall Map No. 6" which map was recorded in the office
of the Recorder of the County of Butte State of California, 3une
8, 1887.
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