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HomeMy WebLinkAbout88-026`•~~ s~• ~ _.. '~ crT ~ ~ ~~~~ q ... ~> . ~. '-,~ q': ' ~ =0• ~aa °~'. .*= ~*: ' U~~. • 90-42569 S :.,.::..:BOARD OF SUPERVLSORS ~4E.aNTY OF: BUTTE, .:STATE OF' CAL.IFORN[A Resolution No. as--o2s RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR LEO FRERICKS BE IT RE50LVED 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: LEO FRERICKS 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 February 198 8, by the following vote: AYES: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf NOES: None ABSENT: None NOT VOTING: None ~~ /a~ HASKEL 'A. McTNTIIRF, Ch man Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By __ _ .., 90--042569 ~ Tota i . 00 Recorded . 1. _ ., O4ficial Records County of 9utte Candace J. Grubbs Recorder 8:02am 3-Oct-90 ~ VS 5 o-~z~~~ AGREEMENT THIS AGREEMENT made this 23rd day of February, lg 88 by and between "First Party", as identified in item {a) of Exhibit 1 of this Agreement, and the COiTNTY 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 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 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 incorpprated into and made a part pf 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. The owner agrees to pay the deer mitigation fees required by County Ordinance for issuance of building permit(s) at the time such permit(s) are issued. The owner acknowledges that no such ordinance is in effect as of the date of the approval of 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 . ~~-~~569 3 legal proceedings to enforce the provisions of this Board of Supervisors of Second Party may also initiat rezone the property to the classification spec ifie Exhibit I or any other suitable classification. Agreement. The e proceedings to d in Item (b) of 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 Ttem {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. S. 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 Gourt 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. Iii WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTES COUNTY OF BUTTE, a political. subdivision of the State of California Chairperson of the B rd of Supervisors "Second Party" .. ~ 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. S. 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 fined 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. _, ~ ~ r ._ ~~~ ~4~~~ STATE 4F CALxFORi3IA ~ ss. } ~ in the duly COt3~iTY OF BUTTE ~ State of California, known day of -~ public, ersonally 0 this putts, a HotarY Haskel Eclnturf, P gotta ~: before me C• a eared Chairman of the Board ` and s~rorn, personally PP t who e~cecutc~ this instrument a comla~ss~oned he person nowledged to me that the Butte County to me tO be Supervisors and a County Board of official of Supervisors executed it• hand and affixed mY above I have hereunto set mY ~iYlEREOF day and Year In this certificate first xx xx~rxESs } seal in the GountY of Butte the written. State of California OFFI(GrpA1L7 5E~' ~otarY Public, ~ oM r C. 4 1 1~5 `rye ~;~~~ ";8 19 89 4~` NOTARY PlfBLIC'CALIFORNIA expires Aecember 18 ~~ ~~ ~UTr~coUNTV My commission -. -- -- - " ~'~`~. Comm. Expires Dec. 18,1989 - ~- V EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Leo Frericks (b) The property is now zoned: U (Unclassified) (c) The zoning reclassification of the property is from its present zoning to: FR-1Q (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed ta: Leo Frericks, 210 Floral Avenue, Chico, CA 95926 (e) The change in zoning classification pursuant to Paragraph No. /~ shall be to: FR-10 (f) "Property", as used in this Agreement, includes: All of Lot 4 of that Parcel Map of record in Map Book 89 on Pages 21, 22, and 23 on file in the office of the Butte Gounty Recorder. Containing 39.28 acres, more or less, east of Oroville.