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HomeMy WebLinkAbout90-016~ ~~ ~ .. ~. ~= - BOARD bF 'SUPERVISO'RS :~ ~~ COLJN7l' OF C3UTl"E, S7,A7E OF CA LIFORi~IIA o. N~ ResoTufion No.90-16 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR JAMES R. BLACK 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: JAMES R. BLACK 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 23rd day of January 19~9fl, by the following vote: AYES: Supervisors Mclnturf, Vercruse and Fulton NOES: Supervisor Dolan ABSENT: Supervisor McLaughlin Ap ~ n NOT VOTING : None I( 1 V 1 Board of Supervisors ATTEST: WIL Off By D LAN~'Vice Chairman Butte County LIAM H. RAN OLPH, Chi Adm nistrative Icer and Cle k onnf the Baar G~cJ'~- - ~~ `~ ~ g0-2575 COUNTY OF BUTTE, a political subdivision of the State of California r. Vice Chair o`€' the Berard of s ervisors +~i;~ ~ ~ Ig9~ "''S d Party" ATTEST: WILLIAM H. RAND¢LPH, Clerk of the B a~-d of Supervisors , , , BY s , On _. _~ ~%,_~© ,before me, the dersi ed, a Notary Public in and for said S e, personally appeared___ ~, STATE OF CALIFORNIA ;ss. a.' COUNT FT _m ._ ~_ ~ .----.. U Q -.~._~ T..-...,_ ___,._ - N i~ a c personally known to me (or proved to me on the basis of satis- factoryevidence) to be the persons}whose name{s} is/are sub- scribed to the within instrument and acknowledged io me that he/she/they executed the same. WITNESS my hand and official seal. Signafure_ - _ _. c OFFICIAL SEAL ~" '~`'R"~~- MARY R. tASEBEER e ~ a o NOTARY Plf9LlC - CAI.IFORN{A sung caur~rr ivoa~~ My Comm, Explreslan. 29,1993 (This area for official notarial seal} q ~ ~~ !'~ AGREEMENT THIS AGREEMENT made this day of 1989, 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". WITNESSETH 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 (#) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specif ed in Item (b) of Exhibit 1; 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 1; 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 hav'sng 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 farce and effect as if fully set forth herein. 2. That First Party shall construct and comply with all the following conditions: 2a. Provide a minimum of 100 ft. setback from the centerline of the Turner Avenue right-of--way as an Agricultural Easement. 2b. Provide that the urban reserve element of the recommendation for Durham-Dayton-Nelson Avenue Plan presently before the Board be applied to this property if and when it is adapted by the Board. Subdivision map must show full urban approvement as required by the Public Works Department. 2c. The project site should be annexed to the Durham Irrigation District and provide public water service far the future subdivision. 2d. Deed a l foot no-access strip to Butte County along the easterly right-of--way of Turner Avenue. 2e. Provide a chain link fence along the easterly right-of- way of Turner Avenue. 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 Exhibi# 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) o€ 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 #his 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. b. Each and every one of the provisions of this agreement herein contained shall ind and insure to the benef t 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. JAMES R. BLACK ~o-~.z~~s ~` EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: (b) The property is now zoned: A-5 (c) The zoning reclassification of the property is from its present zoning to: SR-1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: dames R. Black, P.O. Box 636, Durham, CA 95938. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: SR-1. (f) "Property", as used in this Agreemen#, includes: All that certain real property situate in the County of Butte, State of California, described as follows: Lot 7 as shown on that certain map entitled, "R.M. Turner's Second Subdivision, Colony Co., Dayton Township, Butte County California", which map was recorded in the office of the Recorder of the County of Butte, State of California, on March 2, 1891, in Book B of Maps, at Page 10, mare particularly described as follows: Beginning at the SW corner of said Lot 7, said corner being the intersection of the N line of Burdick Road and the centerline of Turner Lane. THENCE along the centerline of the Turner Lane, N 00 31' 41" W, a distance of 666.Sb ft.; thence leaving the centerline of Turner Lane, N 89 10' S9" E, a distance of 528.00 ft.; thence S 04 31' 41" E, a distance of 6G6.56 ft. to a point on the N line of Burdick Road; thence along the N line of Burdick Road, S 89 10' 59" W, a distance of 528.00 ft, to the point of beginning. ~hl® ~1" ®~CU11rlENT