HomeMy WebLinkAbout88-162RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR PETE AND DONNA IELATI
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;
PETE AND DONNA IELATI
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 18th day of October, 19$8, by the following vote:
AYES: Superyi.sors Dolan, Fulton, McLaughlin, Vercruse
and Chairman McTnturf
NOES: None
ABSENT: None
NOT VOTING: None
HASKEL MCINTURF, CHAT
Butte County Board o upervisors
ATTEST: MARTTN J. NICHOLS, Chief Administrative
Ofifiicer and Clerk of the Board
By a,~l``-
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AGREEMENT
THIS AGREEMENT made this 3.8t~ day of pctober , 19 8$ 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 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 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 Ttem (c} of Exhibit l;
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. All exterior lighting is to be shielded and/or directed
away from neighboring properties and streets including
Highway 70.
2b. Establish and maintain in a living condition sight-
obscuring landscaping along the easterly property lines adjacent to the
Highway 70 right-of-way.
2c. At least 50°s of the subject property will be devoted to
landscaping and vegetation.
2d, Enclosed building areas to be limited to no more than
20~ of the total lot area.
3. Tn 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 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 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 ztem (b) of
Exhibit T 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 Ttem (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 REsoluti.on 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,
ZN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
Pet/e~Ielati
Donna Ielati
State of Cala.forna.a )
SS .
County of Butte )
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On this the 19th day of October , 19 88 ,
before one, Darlene Denney ,I
the undersigned Notary Public, personally appeared
Pete Ielati and Donna Ielati ~
personally known to me
~ proved to me on the basis of satisfactory evidence
whose name(s) ar a subscr~bec
to be the person(s), t e y
to the within instrument, and acknowledged that
executed it.
WITNESS ~y hand and official seal.
Notary`s Signature
COUNTY OF BUTTE, a political
subdivision of the State of
California
By
Chairperson of the rd of
Supervisors
"Second Party"
ATTEST:
Clerk of a Board of
Supervisors
EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of
the following: Pete and Donna Telati.
(b) The property is now zoned: L-T
(c) The zoning reclassification of the property is from its present
zoning to: M-1
(d) Notice to First Party pursuant to Paragraph No. 4 shall be
addressed to: Pete and Donna Telati, 2730 Orange Avenue,
Oroville, CA 95965.
(e) The change in zoning classification pursuant to Paragraph No. 4
shall be to: M-1
(f) "Property", as used in this Agreement, includes:
Lots 5 and 6 of that record of survey recorded in the office of
the Butte County Recorder on May 31, 1955 in Map Book 21 on Page
38.
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