HomeMy WebLinkAbout88-1879Q~-42572
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E~QARC~ OF SUPERVISORS
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` ~'~`' ~ ='+~ COUNTY OF BUTT F, STATE OF CALIFORNIA
s
~`*•~' ~ ~' Resolufion No. 88-187
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RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR RUBEN & KAREN HEREDIA
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:
RUBEN & KAREN HEREDIA
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 6th day of December 1988, by the following vote:
AYES: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf
NOES: None
ABSENT: None
NOT VOTING: None
SKEL MCINTU F, CHAI
Butte County Board o upervisors
ATTEST: MARTIN J. NICHOLS, Chief Administrative
Officer and lerk of the Board
By
9Q-Q42572 ~ Total
.00 .:
Recorded
OPficiai Records
County of
;Butte
Candace ,T. .Grubbs
I Recorder
8:02am 3--Oct-90 VS 5
~~~~~~~~
AGREEMENT
THIS AGREEMENT made this 2~ T~ day of n1pJ. 19 gg 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 T 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 reclassificatian 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 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, TT TS 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. Provide an asphalt public roadway approach at Abode Road
and Clark Road to mitigate traffic hazards caused by an
increase in conflicting turning movements,.
2b. Place a dust binder on the roadway to reduce traffic
impacts caused by the proposed project.
2c. provide a body of water for fire fighting purposes to
mitigate the fire hazards associated with the proposed
project .
By
Chairperson of the B rd of
Supervisors
"Second Party{'
ATTEST:
Clerk of the Board of
Supervisors
0
ERHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of
the followings Ruben & Karen Heredia.
(b} The property is now zoned: "U~~
(c) The zoning reclassification of the property is from its present
zoning to: FR-5
(d} Notice to First Party pursuant to Paragraph No. 4 shall be
addressed to: Ruben & Karen Heredia, 3793 Adobe LAne, Oroville,
CA 95965.
(e} The change in zoning classification pursuant to Paragraph No. 4
shall be to: FR-5
(f) "Property", as used in this Agreement, includes:
All that certain real property situate in the County of butte,
State of California, described as follows:
The S 1/2 of the SW 1/4 of the SW 1/4 of Section l0, T2lN, R3E
MDB&M.
EI1~® t3F L®CUNIEN~°
- 90--42572 3
2d. Contact the I3epartment of Anthropology, California State
University, Chico, to request a records check to
determine the archaeological significance of the site
and whether any additional mitigation measures are
necessary.
3. In the event First Party, any successor in interest of
First Party, or any person in possession of the property described in
Ttem (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
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.
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.
~ ~,,.~c .
Rube redia
~: /
. \O~J
Karen eredia
COUNTY OF BUTTE, a political
subdivision of the State of
California
__ ___
GENERAL
State of
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On this the
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~_ day of
~i 190, before me,
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the undersigned Notary Public, personallyappeared
f~,l,c- C~t~•~ G(.f~ T~L~rI. F~-PJ~,lC.~
frs...l......~~laa~~~~~~~a~~laaaalHll!!alal
or:Ffaq~ Still,
~ personally known to me
JOYCE L. 05~~}~1~
NOTARY PUBLIC -. CA6tR®RNIA
PR MCfPAL QFFIU@ IN >~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed to the
within instrument
and acknowledged that ~ executed it
~ro°"' BU77E COUNTY ,
.
~~.~My Commisslon.S, ptres Ja: ,.93. ~~@Q'ci W S ~y hand and of icial a
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