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HomeMy WebLinkAbout89-015r~~~ ~ ;_ 90=#ZS7T ~-® ~w c BOARD OF SUPERVISORS COUNTY OF .BUTTE, STATE OF CALIFORNIA Resolution No. 89-015 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR BARNEY BARNETT 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: Barney Barnett 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 l~tti day of February 198 9 by the following vote: AXES: Supervisors Dolan, McInturf, McLaughlin, Vercruse and Chairman Fulton NOES: None ABSENT: None NOT VOTING: None LE~ ULTON, CHAI Bu e County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By AGREEMENT THIS AGREEMENT made this 14th day of February , 19 89 , 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 far 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 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 ~~resented, 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 suYi~ect 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 farce and effect as if fully set forth herein. 1 2. That First Party shall construct and comply with all the following conditions. 2a. That there must be assurance, in writing with a well defined time frame, that water will be available from the appropriate water district, Lime Saddle, or another approved water source, prior to the application for a parcel map. 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 ~p-2577 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 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 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. ~Wf/nR,~% (/cJ~l/1 T~ C a E U c m U E' Q V. m C N 00 co 0 r°~ ATTEST: Clerk of he Board of Supervisors COUNTY OF BUTTE, a political subdivision of the State of Calif rnia By Ch rperso o he Board of Su ervisors "Second Party" STATE OF CALIFQ~JQ ass. COUNTY OF JJ3illll rr,,_ __ _ _ I On JANUARY 23, X989 ,before me, the undersigned, a Notary Public in and for said State, personally appeared (or proved fo me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed tothe within instrument and acknowledged to me that he/she/they executed the s e. WITNES my hand and off ci I5 I Signature ~ DAVID -~ OLA BAND HALKd.A HOl'ARY PUdIJGC.AtIFOFNIA Butte Coun~xpi ~' ~dt99t ~ (This area for official notarial seal) 3 so-a2s~~ q EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Barney Barnett (b) The property is now zoned: PA-C (c) The zoning reclassification of the property is from its present zoning to: AR-MH-1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Barney Barnett, 5061 Pentz Road, Paradise, CA 95969. (e) The change in zoning classification pursuant to Paragraph No, 4 shall be to: AR-MH-1 (f) "Property", as used in this Agreement, includes: A portion of the SW 1/4 of Section 30, T22N R4E MDB&M mo re particularly described as: Parcel 1 as recorded in Book of Maps 149, at Pages 79, 80, 81 on 1/27/88 on file in the Office of the Butte County Recorder.