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HomeMy WebLinkAbout88-138e ~. - ,. .y ry ,, ~ ~ - . -----~-~- __ _,--~- ~~ ~~~ Y '~ BoARO -oF suPERV~sor~~s ~ . `' ~ " ~~ COUNTY OF BUTTE, STATE OF _CALIFORNfA Reso~ufion No.8$'.138 RESOLUTION APPROVING SETTLEMENT AGREEMENT (Ashby v. County of Butte, et al.) WHEREAS CLIFFORD ASHBY, (ASHBY) owns that certain real property in the County of Butte commonly known as the Rancho Esplanade Mobile Home Park ("Rancho Esplanade"); and WHEREAS on or about November 23, 1971, the County of Butte (COUNTY) approved an application for use permit submitted by ASHBY'S predecessor in interest authorizing the construction of 271 mobile home spaces on the Rancho Esplanade property; and WHEREAS to date only 1-50 of the said 271 mobile home spaces have been constructed on the Rancho Esplanade property; and WHEREAS a controversy has arisen between ASHBX and COUNTY concerning the validity of said use permit and P,SHBX'S proposal to construct the additional 121 mobile home spaces together with a new sewage disposal system to serve the existing 150 spaces and the proposed additional 121 spaces; and WHEREAS such controversy has resulted in litigation between the two parties, which litigation is entitled "Ashby v. County of Butte, et_ai., Butte County Superior Court No.96485. WHEREAS the parties hereto now wish to settle and resolve said litigation and the disputes existing between them and relating to the validity of the 1971 use permit and Ashby's proposal to construct said 121 spaces and said new sewage disposal system; and WHEREAS, that certain settlement agreement which is attached hereto as Exhibit I and incorporated herein by this reference reciting the terms upon which the parties wish to settle and resolve said litigation and disputes. /// /// NOW, THEREFORE, the Board of Supervisors of the County of Butte does resolve the following: The SETTLEMENT AGREEMENT in the matter of Ashby v. County of Butte, et al., Butte County Superior Court No. 96485, a copy of which is attached hereto as Exhibit I and incorporated herein by this reference as though set forth in full, is hereby approved, and the Butte County Counsel is authorized to sign the settlement agreement on behalf of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors this 20th day of September 1988, by the following vote: AYES: Supervisors Dolan, Fulton and Chairman McTnturf NOES: None ABSENT: Supervisors Mc~aughlin and Vercruse NOT VOTING: None ~ ~ __ _ HASICEL MCINT'{7RF, C I Butte County Boa Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of he Board By SETTLEMENT AGREEMENT GLTFFORD ASHBY ("ASHBY" herein} and COUNTY OF BUTTE and LYNN VANHART, in his official capacity as Director of the Division of Environmental Health of the Butte County Department of Public Health, (collectively "COUNTY" herein) agree as follows: 1. ASHBY owns that certain real property in the County of Butte commonly known as the Rancho Esplanade Mobile Home Park ("Rancho Esplanade"}, and more particularly described in Exhibit A attached hereto and by this reference incorporated herein. pn or about November 28, 191, COUNTY approved an application for use permit submitted by ASHBY's predecessor in interest, a copy of which permit is attached hereto, marked Exhibit B, and by this reference incorporated herein. 2. To date, only 150 of the 271 mobile home spaces authorized in said use permit have been constructed an Rancho Esplanade property. ASHBY desires to construct the remaining 121 mobile home spaces authorized by said use permit: He further desires to construct a new sewage disposal method to service the existing 150 spaces and the 121 permitted spaces thus replacing the existing septic tank and leach field sewage disposal method. 3. A controversy has arisen between ASHBY and COUNTY concerning ASHBY's proposal to construct said additional 121 mobile home spaces together with a new sewage disposal system, which controversy has resulted in litigation between the parties. The nature of the dispute is more clearly delineated in the 1 pagers, records and documents in that certain litigation entitled "Ashby v. County of Butte, et al.," Butte Superior No. 98485. ~. That the parties hereto now wish to settle and resolve said litigation and the disputes existing between them relating to the validity of the 1971 use permit, ASHBY's construction of the remaining 121 mobile home spaces and construction of a new sewage disposal system and to that end agree as follows: A. ASHBY will withdraw his application far modification of use permit submitted to COUNTY on ar about March 5, 1986, all modifications thereof, and all other past or current applications, requests or other submissions for approval of sewage disposal methods submitted to Butte County, the Division of Environmental Health of the Butte County Department of Public Health, the Butte County Planning Department, the State Department of Water Resources, the State Regional Water Quality Control Board, the State Department of Health and any or all other state or county agencies or bodies. B. Such withdrawal will be deemed a voluntary withdrawal by ASHBY and the previous determination nn or about April 1~7, 1987, by the Butte County Planning Department requiring the preparation of an environmental impact report will not apply to any future application, request or submission. C . COUNTY agrees the use permit issued on Nove~,- ber 23, 1971 is a valid use permit and there has been na waiver, to date, by ASHBY or his predecessors in interest of any rights arising from said use permit or any subsequent modifications thereof, and that the construction and use of a new sewage disposal method approved pursuant to said use permit and construction of the remaining 121 mobile home spaces, as authorized under said use permit, does not require any new use permit or modification of the existing use permit. 2 D. Nothing herein exempts ASHBY from much other permits (including building permits} as may be required by County or State. E. Nothing herein exempts AS}:BY from satisfying all conditions contained in said use perr~.at of November 23, I9?If and any ex.stang modifications thereof. ~'. It as agreed that in order to satisfy condition No. 1 contained in said use permit, to wit, approval by the Butte County Department of Public Health, Division of Environmental Health, of all plans for sewage disposal methods, ASHBY will submit all plans for a proposed sewage disposal method (including methods modifying or replacing existing systems upon Rancho Esplanade] to the Butte County Department of Public Health, Division of Environmental Health, as well as to such state agencies as the law requires. G. It is further understood and agreed between the parties that any such sewage disposal method will require environ- mental review under CEQA and that the Butte County Planning Department wi11 be the appropriate lead agency to conduct such environmental review. Therefore, ASHBY wall submit copies of all documents submitted to the Butte County Department cf Public Health, Division of Environmental Health, to the Butte County Planning Department far environmental review together with all additional documents and fees required by that department for environmental review, including an environmental impact report, if the same be required. H. That any environmental review by the County of Butte and any subsequent environmental impact report, if the same be required, will be limited to (focused upon) the proposed sewage disposal method far which approval is sought under condition No. 1 of said use permit, and vrill not address environmental impacts of other aspects of ASHBY's previously permitted additional I21 3 mobile home spaces. I. Ashby agrees he will not submit any plan far a sewage disposal method which contemplates any facility, including storage ponds, off the site of Rancho Esplanade (eKCept a plan contemplating connecting to a regional sewage disposal system operated by the City of Chico). J. COUNTY agrees that the Board of Supervisors' policy as set forth in its resolution No. 87-1a8 shall not be applied to Rancho Esplanade with respect to the 271 mobile home spaces previously authorized under said use permit of November 23, 1931. N. COUNTY agrees that the mere delivery by pipe of treated effluent far irrigation use, and actually used for crop irrigation, an ASHBY'S orchard property ,immediately to the north of Rancho Esplanade will not be considered contrary to the A2Q zoning of ASHBY'S orchard property, the General Plan or Green Line restrictions, provided, however, that the State of California has authorized the use of said treated effluent for irrigation purposes upon the crops an said property. No such treated effluent, regardless of the level of treatment, may be stored upon or treated upon said orchard property, but rather any such facilities will be deemed a part of the sewage disposal method far Rancho Esplanade and, hence, oat permitted under the A20 zoning applicable to said property or the Butte County General Plan. L. ASHBY agrees to connect all uses an his Rancho Esplanade property to the City of Chico sewer system at such time as the same becomes available to him. He further agrees to waive any pretests with respect to any sewer assessment district proposing to include his Rancho Esplanade property and to take all steps necessary to make his property a part of any sewer assessment district as necessary to connect his Rancho Esplanade property to the City of Chico sewer system, including the payment of any fees assessed nr charged. The Gity of Chico sewer system will be deemed "available," within the meaning of that term used in this paragraph, at such time as a City of Chico sewer assessment district which includes ASHBY's Rancho Esplanade property has completed construction of its planned facilities for servicing such property and the planned facilities are ready for immediate connection upon ASHBY's installation of any necessary connecting line or lateral or the City of Chico has included the property within its sewer service area and constructed its planned facilities for servicing such property and the planned facilities are ready for immediate connection upon ASHBY'S installation of any necessary connecting line or lateral. "Planned facilities" in either instance refers to those facilities that either the City of Chico or its applicable sewer assessment district plans to install at public expense for the purpose of servicing said property and does not include any connecting lines or laterals which said City of Chico nr its applicable sewer assessment district plans to be installed at the property owner's expense. 5. It is understood and agreed between the parties hereto that far and in consideration of the terms of the agreement herein made, ASHBY does hereby release COUNTY OF BUTTE and LYNN VANAART, in his official capacity as Director of the Division of Environmental Health of the Butte County Department of Public Health, and all other persons, firms, corporations or public entities of and from all claims, demands, actions or causes of action arising out of or in any way connected with the claims raised in this lawsuit. 6. It is further understood and agreed that this is a full and final release of any and all claims against said releasees that ASHBY may have arising out of or in any connected with the claims raised in this lawsuit and that it shall apply to all unknown and unanticipated injuries and damages resulting 5 therefrom as well as to those now disclosed. ?. Tt is further understood and agreed that each party in said litigation will bear his own costs and his own attorney's fees and that the release of all claims herein includes all claims for attorney's fees and litigation expenses pursuant to G.G.P. ~ 1Q21.5 and any other statutory or contractual provision providing for the same. 8. It is further understood and agreed by ASHBY that he does hereby waive all rights and benefits which he now has or in the. future may have under and by virtue of the terms of § 152 of the Civil Cade of the State of California, which section reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor." 9, Nothing in the releases contained in paragraphs 5, ~, 7 and 8 is intended to preclude, if otherwise admissible, ASHBY from submitting evidence of the COUNTY'S actions giving rise to the instant lawsuit in any subsequently filed lawsuit. 10. It is further understood and agreed that this is a compromise settlement of disputed claims and that such wi11 not be deemed or construed as an admission of any liability or obligation by e~.ther party to the other. 11. It is further understood and agreed that as a further consideration for said settlement the undersigned shall cause to be executed and filed an appropriate dismissal with prejudice of the above referred to litigation as well as all other currently pending litigation arising out of the matters giving rise to said dispute, 12. This agreement shall bind and inure to the benefit of the parties to this agreement, their successors, heirs, 6 administrators, executors and assigns. Dated: sE~ 2 0 `L'"`' Dated. IJ~..,~ CLIFFORD ASHBY COUNTY OF BUTTE, a political subdivision By Dated: LYNN VANHART, in his official capacity as Director of the Division of Environmental Health of the Butte County Department of Public Health a f '. .. ~ - .. ~ . , r .. ~ - ~ ' • ~ ' ~~ • All that aartsiri Taal . propartx aituata'in tha County of Sutts~ State of California, described as followss ~ •. • - A portion of Lhe North hall of Section $, ~ownehfp 22 tivrth, .RanQo I Ea~aL~~. H•D•e• ~ H., and dcacribed~as folluxa= . CDHHENCIHC at the canter "~ quarter cazr.or of said Section 8; thence along the North and South centarline of aaid Section, Borth 51.7.49 Tect to a point fn the Kartharly Tina of Lha Hord {-{ighxayr said point being tha true point of beginning •fvr the psrcal ~ herein tiescribod; thcncc fraa asicf trc~o point of beginning slang said Norkherly Iine North 56' 3p' Er-at 2D39.67 feet to ita intersection xith the Yleatcrly lino of }iighway 99Ei'thanca ^lang said Kesterly lino, korth 4l` 13~ Kcak,.ISa4.91 feet to the ccntQrlina of Hud Creek; thancc slang aaid Kud Crook the foll•oxing cauraen sand distancea~ ~ ~ South 35` 42' Yisst, 399.,3{1 fact; Sout3~ 6` 14' 2D" 4ieat 137.63, t'eetZ South ~ 37` ~ 42! 1~ea.t, 359.pD faoti South 27' 45' 1tea~t, 505.72 feat; South KS` 5Q' • 5D" Nt~at, 20b.71 feat; south 64` 32' 30" ~ieat~ 59.00 tact; 5avth. A2' S3' ID" ~laat 107.x2 1'cet; South 1S" 57' Mast 12.52 feet; 5nuth 27' 37' IO" i ••Kaat 1DD,81 fast; South 47•` 55' lp" treat, 62.99 foot; South 6D' 0~' xD". Kest, 145.46 feet South 36' 3x' 7D" Heat, 51.1E feat; Sout#i 13` 40' IO` • last Z99'.lp feet; South 2` 43' 3D" Kon#. 75,3r}• foot South 35` p2' SQ" ' Kest, .81.9x•. Coat; South 9' 27' 2D" Kaat,s 1Z9.87~ feat; South l2' U!5' ~'3D" . Es~st, 64.60 fact; South I' 2O'- 1D" East, •I48,34 foot; 5nuth •l4` 46' Eaat 113.72. feet; and South 5' S9'•4O+' Noat, 94.21 foot to a paint in tha. ~; Northtrly line df r-sid ford {ii hxa 4 9 Yj• thenoe clan aaid Iiortharly line 4 • North Sb`' 36' Eaat, a4Z.92 tGCt to the point o~ beginning. •• ' ~XCEPIIHC • 1'}{EREFfiDM any 'portion lying xithin~ the 1•iaitb. vF Chica Hatre £ate~teo Lfn1t ~o. 1~and lA Revised, xhich Hap.wae fl.iod in the pffico of the Raeardcr of the County of E3utta, State of C:lifornia, •an Pauly 24•, 1967. in • SaaK 35. ^f Mapsf st P'age ZZ: :. ~ - .. • . ~ ~ . NOIRE IESTAIES UHI79HQ~nI AHD IA shown an that certain Hap untitled, "Cf~ICO • REYI5ED"r•which Map was filed in the Orrice oT the Acaardar of the County of Eiutte~ State of California, on July 2;,• 1967, in @vok 35 vC Hxpa, at ~'wq^ 22. -. • t '. ~ • • ~ .~ ~ EXHIBIT A Great Northern Leasing Co. Post Office Box 23.22 Santa Rosy, California 9505 Dear sir: December 10 , 1971 This is to inform you that thc~ Butte County Planning Cam:n3.ssion, at its meetinr~ held November 23, 1971, approved your application for a use permzt to establish a 271 space mobile home park an property located on the north side of ~Iord Highway, identified as AP ~h-2B-l, 2, 3, 4, 9, 15 and 23, Chico, California, subject to the following conditions: 1. Plans for sewage disposal methods to be approved by the .,.,_n 13utte County Ilealth Department. 2. Submit drainage and driveway plans to the Department of Public Works for approval and install the required facilities. 3. Install curb, gutters and sidewalk anc3 strEet section on the Esplanade frontage and Nord Road frontage. The applicant is advised that he must also comply with all appli- cable state and local statutes, ordinances and regulations, in- cluding the following: a. Compliance «ith the requirements of the State Division of Iiousing. b. Compliance with the requirements of IIutte County ordinance No. 581. If you have any questions regarding this matter, please contact this office. Yours very truly,. GERALD ~F. SCDTT Associate Planner GrS/sn cc : Grayson Price Health & Public Works Depts. Div. o f Housing _ Div. of Forestry EXHTBTT B ~~ STATE OF CALIFORNIA ) (SS. COUNTY DF } Dn this day of October, 2988, before me, a Notary Public in and for said County and State, personally appeared CLIFFDRD ASHBY, personally known to me {or proved to me on the basis of satisfactory evidence} to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ) (ss. COU1`TTY DF BUTTE } On this Q tk- day of October, 1988, before me, a ATotary Pub is in and for said County and State, personally appeared a5 e M ~ Tc.~ r personally known to me {or prayed to me on the basis of satisfactory evidence} to be th person whose name is subscribed to this instrument as acknow~ ~~`~ °+ the Board of Supervisors, and ledged that the Coun~y of Butte executed it. WTTNESS my hand and STATE OF CALTFOP.NTA COLfNTY Off' BUTTE } }{ss. I official se Notary Public in and for said County and State OFFICIAL SEAL CA;RCk~ ROACH m. ~fOTARY pUBLfC - CALIFORIVfA BUTIE X13;;TY My cornet, expirns AtIG 7, 2942 On this day of Dctober, 1988, before me, a Notary Public in and far said County and State, personally appeared LYNN VANHAP.T, personally knovan to me (or proved to me an the basis of satisfactory evidence} to be the person whose name is subscribed to this instrument as Director of the Division of Environmental Health of the Butte County Department of Public Health, and acknowledged that said department executed it. WTTNESS my hand and official seal. Notary Public in and far .said County and State.