Loading...
HomeMy WebLinkAbout88-065. /~ u1'~ , :-~ ~.. *~, r i'~~'' ~i_~!._, .._ era ~ 90-42570 ~~` BOARD OF SU~'ERV~SORS COUNTY' OF BfJTTE,_STATE Q~ C.ALIFORI~IA Resolufion IVo. gg-065 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RICHARD 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: Richard Jones 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 24th day of May , 1988, by the following vote: AYES: Supervisors Fulton, McLaughlin, Vercruse and Chairman McInturf NOES: Supervisor Dolan ABSENT: None NOT VOTING: None HASKEL MCINTURF, CHAT C. G Butte County Board of Superv~i~SYr~ ~ ~J~~`v ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By ~ -~ - ~p-# 75 Tp `+~a 1 THIS AC$2E13~NP made this 24th day of May 19 88 , by and between "First Party", as identified in item (a) of Exhibit 1 of this Agreement, and the CX)[Jrl'I'Y OF BUTTE, apolitical. subdivision of the State of California, herein called "Second Party". W I T N E S S E T H Tnk~ZEAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Tte:n (f) of Exhibit I of this Agreanent; and V7fIEE2EAS, the Property is now zoned as specified in Itsn (b) of Exhibit l; and WHfl3EAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified frctn its present classification to the classification or classifications specified in Ite;n (c) of Exhibit l; and V~EAS, 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. NtJW, 'r'E~''RF'~~, 1'P IS MUTUALLY UPIDERSTCbb AMID ACI?EID that inasmuch as the reclassification specified in Itan (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 ccmpleted 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. There must be only one access point on Durham-Dayton Highway. 2b. No lots shall access Durham-Dayton Highway. 2c. The project site should be annexed to the Durham ~~~ Irrigation District and provide public water service for the future subdivision, or provide alternative means of public water service that is acceptable to permitting departments. INDIVIDUAL ACKNOWLEDGMENT State of Ca€ifoyF~ f ~/ County of h ~/~. JI S G~.. T^, .., , ~ S.S. p On this day of l ~/ , in the year, before me, Fig I e cV , a Notary Public in and for the .~Gl ! G~ County, personally appeared_ ~~iyabrT~ JanrS - ®personally known to me ©proved to me on the basis of satisfactory evidence to be the person (s} whose name is subscribed to this instrument, and acknowledged that_he-executed 3t. {SEAL) ~~ `,~~° OFFICIAL SEAL WITNESS ~d a offici I seal, f~ WINOTA A4. SWArJ ~--~.(/lL~ ~~- .~;G~1~jt~ ~~ ~, Naiary Pu81ic-Ce}ifonia r F - ` CONTRA COSi'A CUUiV i Y ~ - ••-•• /d 4 ~ My Comm. Exp. Dec. 74, 7590 Notary Public in and for the ( ,:in LTG (~ s ~ ~~- County and State. My commission expires ~~ -/`~ , 19 1!0 P-169 8-82 {REV.j 9~-~Z~10 3 2d. The applicant is to pay a water tender fee or install a fire hydrant in conformance with CDF requirements. 2e. The applicant will be required to pay school development fees of $1.50 per square foot for each residential unit. 2f. No houses to be build within 100 feet of the easterly edge of the right--of-way of '~tirner Lane, 2g. The 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 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 Agrecxr-ea.~t 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 Agreernex~t. The Board of Supervisors of Second Party, may also ,initiate proceedings to reaone the property to the classification specified in Stem (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement sha11 be sent to First Party at the address specific in Item (d) of Exhibit 1 ar~d 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 RFsolution authorizing its execution. 5. In the event suit- is brought by~the Oaunty Counsel of Second Party to enforce any of the provisions of this Agresr~ent, 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 grid 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. ~e3--~6.~~ W -j y .. ,. s IN WITNESS WI~2F]OF', the parties hereto have executed this Agregrlent the day and year first above written. ~ [ 1~ ,2ic~f~ea JcY/y.~ C?~UNTY OF BU'T'TE;, apolitical subdivision of the State of California By ay ;~ irperson of the Boar f Supervisors SAY 2 ~ i9$8 !!Second Partyt! ATI~ST: •~_ Clerk of the Board of Supervisors **DOCUMENT DATED 6/6/$$ E'OR DEVELOPMENT AGREEMENT** STATE OF CALIFORNIA COIJiV'i'YOF ALAMEDA ~ ~~ {TNDPi~IDiJAL) On Ehis ~ ~ day of JUNE , 19 ~, before me, the undersigned, a Notary Public Cn and for said County, personally appeared * * * * personally !mown to me, or proved [o me on the basis of satisfactory evidence Eo be the persons(s) whose names} is/are subscribed to the within instrument, and acknowledged to me that `1'H~~' executed the same. 'Witness my hand and official seal. Illllllllllkl11111t1[luuiipunlnlunnu~um~n~'+~~""""'••'••`•"""' OFF{CIAL SEAL ' I ~ ~MtRIAM V. P1LAT l N07ARY Pl78tIC-CALIFORNIA ~ ° ~ COUNTY OF ALAMEDA Not Public in and for said County and State „ , ~y Cpmmission FxAires feb. tfi, 1991 ....................~~.~uuE,u,uruEflw!!ltnnutin11111E111111N11411111111 MIRIAM V. PILAT Name (Typed or Printed) {This area for official notarial seal) 3403IR9187)2 ;~ EHI~BIT 1 Agreetnent (a) "First Party", as used in this Agre~nent, includes each and all. of the following: Richard Jones (b) The property is now zoned: A 5 (c) The zoning reclassification of the property is from its present zoning to : SR-.1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Richard Jones, P,O. Box 11637, Oakland, CA 946.L1 (e) The change in zoning classification pursuant to Paragraph No. 4 shall }:~ to: SR-1 (f) "Property", as used in this Agree-nent, includes: All that certain real property situate in the County of Butte, r State of California described as follows: Being Lots 6 and 8 of R. M. turner's Second Subdivision as filed far record in Book B of Maps, at Page 10 in the office of the Butte County Recorder, State of California. EXC~NG '~'R~OM the fa.Llowing described parcel; A portion of said Lot 6 of said Subdivision more particularly described as follows: BDGTNNa]G at the NE corner of said Lot 6, said corner being located on the westerly right-of way line of the Durham--Dayton Highway; thence leaving said point of beginning along the N line of said -Lot 6, W, 284.00 ft.; thence leaving said N line, S, 200.00 ft.; thence parallel with and adjoining said N line, E, 351.34 ft. to a point on said westerly right-of-way line of Durham-Dayton Highway; thence northwesterly along said right-of- way line to the point of beginn~.ng.