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RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR NANCY HODGES, PHYLTSS V. BARTRAM AND V. M. BARTRAM.
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:
PHYLISS V. BARTRAM & V. M. BARTRAM
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:
AXES: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf
NOES: None
ABSENT: None
NOT VOTING: None
HASKEL MCINTURF, CHAI
Butte County Board o ervisors
ATTEST: MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
By
. __._
_~,_.. _.
90-042578 I Iota l
.00
Recorded ;
Official Records
County of
Butte ;
Candace J. Grubbs ;
]~tecorder ;
8:02am 3-Oct-90 VS 4
9f}-425?8
Board of Supervisors of Second Party may also initiate proceedings to
rezone the property to the classification specified in Item (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 l 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.
5. In the event suit is brought by the County Counsel of
Second Party to enforce any of the provisions of this Agreement, First
Marty 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.
TN GVITNESS w~TEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST: (L_
erk of the Soard of
Supervisors
PYiyli~ Bertram
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STATE OF CI
COUNTY OF.
said State, personally
Nrancny dges
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V. C. B rtram ~/
COUNTX OF BUTTE, a political
subdivision of the State of
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By
hair erson of the. Boa of
Supervisors ~~~ 6
"Second Party"
the ndersigned, a Notary Public in and for
personally known to me (or proved to me on the basis of sans- ~,,,
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factoryevidence)tobetheperson(s)whosename(s)is/a re sub- ,~~.
scribed to the within instrum and acknowledged to me that ; o ~ o
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~• OFFIC4AL SEAL
W ~ C,OLLING
NOTARY pU3uC - CALIFORNIA C
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WITNESSmyhandan o ici se ~~°•~°~ °~
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(This area for official notarial seal)
Signature
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~~0-~25~8 a
AGREEMENT
THIS AGREEMENT made this ~ 3 ~ day of fU ~~-~^-~e 19 g $ 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 fora 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 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 XS 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. Construct a 5 ft. sound wall of brick, masonry, stucco,
or concrete block between the residential and commercial lots on AP 5--
50-3, 4. The wall shall be located on AP 6-50--03, prior to issuance of
a building permit on AP 5-50-03 for commercial use.
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
legal proceedings to enforce the provisions of this Agreement. The
EXHIBIT I
Agreement
(a} "First Party", as used in this Agreement, includes each and all of
the following: Thomas Enloe, Ida Marie Enloe, ,~Tcy Hodges, and
v. M. Bartram & Phyliss v. Bartram. ,~7 ~J
( b } The property is now zoned : ~~ ~ ~ ~ /!~
(c} The zoning reclassification of the property is from its present
zoning to: S-H
(d) Notice to First Party .pursuant to Paragraph No. 4 shall be
addressed to: Thomas ENlae, Ida Marie Enloe, and Nancy Hodges in
care of Fred Hignell, Jr. Hignell and Hignell, 1500 Humboldt Road,
Suite 1, Chico, CA 95926 and V. M. Bartram and Phyliss V.
Bartram, 3105 Esplanade, Chico, CA 95926.
(e ) The change in con~~n~ c~~lass~i~at~i pursuant to Paragraph No . 4
shall be to: ~n
(f) "Property", as used in this Agreement, includes:
A11 that certain real property situate in the County of Butte,
State of California, described as follows:
A portion of Sections 9 and 16, T22N RlE MDB&M, more particularly
described as follows:
Beginning at the most southerly corner of Parcel 1 as shown on
that Parcel Map of the lands of V. M. Bartram, which map was
recorded June 19, 1980, in Book 77 of Maps, at Page 10, in the
Office of the Recorder of the County of Butte, State of
California,
THENCE N 52° 13' 57" E along the southeasterly line of said Parcel
1, a distance of 50 feet;
THENCE leaving said southeasterly line, N 37° 50' 34" W, and
parallel with the southwesterly line of said Parcel 1 and its
northwesterly projection, a distance of 1759 feet to a point on
the northwesterly line of that certain property deeded to Thomas
Schram Enloe in deed recorded in the office of the Recorder of the
County of Butte, December 31, 1957, in Book 917 at Page 451;
THENCE southwesterly along said northwesterly line, a distance of
50 feet;
THENCE S 37° 50' 34" E along said northwesterly projection of the
southwesterly line of said Parcel 1 and the southwesterly line of
said Parcel 1 a distance of 1759 feet to the Point of Beginning.
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