HomeMy WebLinkAbout89-114.sfs~ST7Aa; _ B~ gY. ~ .
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:>n: :~. BOARD OF SUPERVISORS
`'k" ~'}' _COUNTY OF BUTTE, STATE OF CALIFORNIA
+,~~ 'o~ N~'S`~;+
"""'`~~ +~ Resolufion N0. 89-114
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR JACK WALLACE
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:
JACK WALLACE
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 25th day of July 198 9 , by the following vote:
AXES: Supervisors Dolan, McInturf, McLaughlin, Vercruse and Chairman Fulton
NOES : None
ABSENT: None
NOT VOTING: None { p ,~,
W v
LEN LION, CHAIR
Butte County Board of Supervisors
ATTEST: WILLIAM H. RANDOLPH, Chief Administrative
Officer and erk of the Board
By
90--042574 Tota 1
Recorded ,
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AGREEMENT
THIS AGREEMENT made this ~~- day of~~~-~- 19-x/ 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 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 Stem (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. Establish an open space/no-development easement on the
back 933 feet of AP 056-02-084 and record said easement
with the County Recorders Office.
2b. AP 056-02--084 -shall be limited to one single parcel
split to allow a total of two residential building
sites.
2c. Any new residential development shall adhere to the
development standards and policies which have been
adopted or which may be amended from time to time by
~0-42574 ,3
Butte County for the Cohasset Area.
2d. Applicant must also comply with all other applicable
State and local statutes, ordinances, and regulations.
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 4;;~ 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 tree 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.
J K WALLACE
COUNTY OF BUTTE, a political
subdivision of the State of
Californ'a
By
C irper of of the Board of
8 pervisors
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STATE OF CALIFORNIA Iss.
COUNTYOF_ B~t~P I
On,Jyln.~_ ~ _r. 1 9 R_~_~ ,before me, the vndersignetl, a Notary Public in and for
said State, personally appeared_Js"9.C.~- $_. ~1~ a.C_e _
personally known to rr'~e (or proved to me on the basis of satiS.
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factory evidence)to bethe pers0 n(s)whose name(s)is/are sulk ~. ,,.
;.,>, flFF@CIAL SEAL p
scribed to the within instrument and acknowledged to me the ,
~~.,•.~
"~'' CAROL L. BIRD
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'~ I NOTARY P.lO1.IC --~ Cp,LIFORiJiA w
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he/she/they executed the same. _
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,i,~ PRINCIPAL O; FICE §N m
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~?z". ~~/ BUTTE COUNTY
WITNESS my hand and officio! seal My Commission Expires Oct. 30, 19g2 °_
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Signature (This area for official notarial seal)
90-42574 g
"Second Party"
ATTEST: ~ ~
C rk of the Berard of
Su ervisors
EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of
the following: Jack Wallace.
(b) The property is now zoned: "U" (Unclassified).
(c) The zoning reclassification of the property is from its present
zoning to: TM-2 (Timber Mountain -- 2 acre parcels).
(d) Notice to First Party pursuant to Paragraph No. 4 shall be
addressed to: Jack Wallace, 8506 Cohasset Road, Chico, CA 95926.
(e) The change in zoning classification pursuant to Paragraph No. 4
shall be to : Tb~--2 .
(f) "Property"; as used in this Agreement, includes:
A portion of the NW 1/4 of Section 4, T23N, R2E, MDB&M, being more
particularly described as follows:
Commencing at the SE corner of said NW 1/4; thence N 60~ 00' 57"
W, 452.56 ft. to the point of beginning; thence N 00° 03' 00" E,
1874.35 ft. to a point in the centerline of Cohasset Road; thence
along said centerline N 43° 38' 40" E, 338.63 ft.; thence leaving
said centerline S 00° 03' 00" W, 2118.70 ft.; thence S 89° 49' 48"
W, 233.50 ft, to the point of beginning.
EXCEPTING THEREFROM the following described property:
COMMENCING at the SE corner of said NW 1/4; thence N 34° 56' 20"
W, 276.74 ft.; thence N 00° 03' 00" E, 1741.70 ft. to the point of
beginning; thence continuing N 00° 03' 00" E, 377.00 ft. to a
point in the centerline of Cohasset Road; thence along said
centerline S 43° 38' 40" w, 245.00 ft.; thence leaving said
centerline S 40° 11' S9" E, 261.47 ft.