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:n: BOARD OF SUPERVISORS
*` COUNTY OF BUTTE, STATE OF CALIFORNIA
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Resolufion No. 89-01~
RESOLIITION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR JOHN S. MORGAN and GUNTER RANFT
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:
JOHN S. MORGAN AND GUNTER RANFT
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 14th day of February 1989, by the following vote:
AYES: Supervisors Dolan, McInturf, McLaughlin, Vercruse
and Chairman Fulton
NOES: None
ABSENT: None
NOT VOTING: None ( ~ ~ ~
l.~Cl ~ v
LENT LTON, CHA
Butt County Board of Supervisors
ATTEST: MARTIN J. NICAOLS, Chief Administrative
Officer and Clerk of the Board
By
°~~~~~
AGREEMENT
THIS AGREEMENT made this 14~h 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 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 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 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. Morgan and Ranft parcels to be developed with a common
access road.
2b. Limit all cut and fill to 2 ft.
2c. Reseed all road cuts.
2d. Construct drainage ditiches along all driveways.
2e. Install riprap or headwalls at all points of
concentration.
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2f. Designate slopes over 30~ as no-development areas.
2g. Maintain native vegetaiton outside of designated
homesite areas.
2h. Limit earthwork to nonrainy season.
2i. Note earthquake hazard on any subsequent parcel map.
2j. Designate 100 foot no-development areas from all swales
with riparian vegetation.
2k. Dwellings to be constructed of nonflammable siding and
roofs .
21. All driveways to be constructed a minimum of 12 ft. wide
to the RS-B-LD-1 standard on file with the Department of Public works,
including a turnout a minimum of 60 feet long-and 10 feet wide.
2m. Grant to Butte County 60 feet of right-of-way along
Hurleton Road.
2n. Install water storage with CDF approved drafting
connections.
20. Deleted.
2p. Applicant must also comply with all other applicable
State and local statutes, ordinances, and regulations.
2q. Pay deer herd impact fees as adopted by the Board of
Supervisors.
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
Board of Supervisors of Second Party may also initiate proceedings to
rezone the property to the classification specified in Ttem (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.
90-42573
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
Agreement the day and
WHEREOF, the
year first
COUNTY OF BUTTE, a political
subdivision of the State of
Califor is
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ATTEST:
Cl k f the Board of
Su rvisors
Ch~i,~person"of the Board of
Supervisors FEB ~ 4 1989
"Second Party"
STATE OF CALIFORNIA On this . , ... ~ ........ day of , ,7.dr... , in the year .. 1. ~`!l~ ~......... .
' ss . ........................................................................before me,
~ COUNTY OF .....Kl~'~-~!, ... , , , , • , , ,e..~.~ f/Dwc~•.. ~ E F ~ ~. /~jn sr...• . ... , .. ~ a Notary Public, State of California,
dul commissioned and sworn, ersonall a o~.4.. ,•S. /1Z• • • , , fF. , , , , , ,
p Y PPeared ...~.. - , , , dKG ,:..
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® at~A3BSA !_f I: SI»a'~+~:QYd
~ ~~ NOTARY PUt3LIC-CALIFORNIA ~
® ~ Butte County
~ MyCcmmissicoExpiresJAN.18,t992 ~
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personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person.... whose name... f.F ...................................................
subscribed to this instrument, and acknowledged that .... he ....executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
in the ...............................e............................ County of
" " •••• ••••• ••••••••~~ C'9 ~•....• ..............on the datesetforth above
in this certificate.
Thisdxamenl is Dory 9 general ioim which may b¢ proper for use Insimvle Vansaclivns aIM in no
way ans. uric Inlerded a eel, as a substimty la the atlvirn on an atlorney. ih¢ printer does rql otary Public, State of California
make any wananry. ¢dher ecpress ar implied as Iv the legal ~aliday W any prwisgn Or Ih¢
SuAabllily of [hoso Immt in any spapifie Iransanivn. `T /~ O~
` My commission expires /
Cowdery's Form No. 32 -Acknowledgement to Notary Public -Individuals - (C.C. Sec. 1189) - (Rev. 1183)
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STATE OF CALIFORNIA jss.
COUNTY OF Rni-tr )
,. On Febrlla.Y'y 7 r ~ 98~ ,before me, the undersigned, a Notary Public in and for
said State, personally appeared --""------GUNTEL2 RANE'P---------------------------
/pe//r''s//onally known to me (gF~~)/~(i/1r~yfl¢919y~'~~`Isl ~~~~i~-~
7acts/Sy~)'ii~~rlE~)tobetheperson(,a'jwhosename(,gf is/a{esub-
scribe~dl!tl!o the within instrument and acknowledged to me that
he/sl~epgi ~jp/executed the same.
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~ CiY~ 119'~pA A. ~a~~~O~I'a
~ ..~ NOTARY PUBLIC-CALIFORNIA 4
~ s .. Butte County m
~ My COmmi55ion F~cpires Oct. 30,1992 ~
WITNESS my hand and official seal. i
' ®~Im®sea~®v®s^e^ta®a®®v~~ww®
Signature ~ (This area for Official notarial seaq
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parties hereto have executed this
90--2513
EXHIBIT 1
Agreement
(a} "First Party", as used in this Agreement, includes each and all of
the following: John S. Morgan and Gunter Ranft.
(b) The property is now zoned: FR-10
{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: John S. Morgan, 9425 Nichols Street, Bellflower, CA
90706 and Gunter Ranft, P.0. Box 896, 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:
A portion of Section 16 T19N R5E MDB&M, more particularly
described as:
Beginning at a point on the N line of said Section 16 that bears N
89 °29' 30" E, a distance of 607.29 ft. from the NW corner of said
Section 16; thence S 89° 29' 30" W a distance of 607.29 ft. to the
NW corner of said Section 16; thence S 0° 24' W, along the w line
of Section 16 a distance of 2131.29 ft. to a point on the S line
of the Oroville Forbestown Road, said point being also the NW
corner of that certain parcel of land, described in the deed, to
William D. Dederick, et ux dated March 7, 1942 and recorded in
Book 286 of Butte County Official Records at Page 333; thence
along the southerly line of said Oroville Forbestown Road, and the
northerly line of said Dederick parcel, the following courses and
distances: N 71° 09' E 129 ft.; S 79° 18' E, 76.70 ft.; S 76° 21'
E, 108.5 ft.; S 60° 35' E, 194.7 ft.; S 77° 40' E, 71.60 ft.; S 83°
13' E, 66.45 ft.; S 83° 13' E, 167.65 ft.; thence N 88° 18' E
227.20 ft.; N 75° 33' E, 71.20 ft.; N 66° 46' E, 170 ft. to a
point at the NE corr_er of .said Dederick Parcel; thence leaving the
southerly line of said Oroville Forbestown Road, N 41° 16' E 65.51
ft. to a point at the most westerly corner of the land described
in the deed from Walter A. Post, etal, to OwID, dated August 2,
1923 and recarded August 31, 1923 in Book 204 of deeds, Page 15;
thence along the northerly line of said OWID property N 17° 14' E,
224.6 ft.; thence N 0° 37' 15" W 1946.21 ft. to the N line of said
Section 16; thence S 89° 29' 30" W 1304.87 ft, to the paint of
beginning.
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