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Home My WebLink About90-139n _. ~~~ uE~TE~ By ~- 9 ~ 2 5 l 6 °~ ,:, j.. ~~ 4. ,~ .~. _~. BOARD OF SUPERVISORS r :~. +* % ~ *- COUN~"Y OF BUTTE, STATE OF CALIFORNIA ~d~ c ~ ,y • • a +. ~• oUN ~~ Resolution N0.90-139 rarrr'~rara RF~OLUIION FOR AN AGREFNIE~I' REIA'IING'IO ILFfY A.~IFi(~TiON OF 7:ONE FOR WIGGO WAKE 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: WIGGO WAKE 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 an the lfith day of Septembe~199~0 , by the following vote: AYES: Supervisors McInturf, Dolan, Vercruse, Fulton and Chairman McLaughtin NOES: None ABSENT: None NOT VOTING: None c Ed McLaughlin, hairznan Butte County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the Board BY .OQ 94 0342576 :` ~" T o t a l Recorded Official Records CcuntY of Butte Candace J. Grubbs l~ecaraer' VS 4 .. __. . 8:02am 3~-0'ct-90~ ~ ------ so-4257s 3 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) 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. ATTEST: Clerk of the Board of Supervisors STATE OF CALIFORNIA COUNTY OF ..~~ ~~-.. ............ . ,, OFFICIAL SE:AI, CORDON L SHIELDS $ a a^ NOTARY PUBLIC - CALIFORNIA BUITE Ci)UNTY My comm. expires DEC 18, 1352 ~~ COUNTY OF BUTTE, a political subdivision of the State of California B C y Chairperson of a Board of Supervisors S~P ~, $ S~gO "Second Party" On this . , .. ~ ~~ .......day of ~C~,{~1~11 ~ C/~n the year .. ~ 9 ~.U..... , .. . ss. ~- J f ...• ~• ...••-,before me, .~,(~Y~P. C7 .. G <• • •~~17 ~/ ~ ~ F~~~• • - ~ - • - ~ ~ , a Notary Public, Std gf Ca~i/iforyia, duly commissioned and sworn, personally appeared .~~. ~~. ~. ~• • • • •/~` ~•~^ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person.... whose name.... ~ ~ ................................................ subscribed to this instrument, and acknowledged that .... he .. , .executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my ofricial seal in the......... ............... County of ......~. U. ..e ................ .. ...................on esetforth above in this certificate. 1i,isaowmamsp^yasa^«almm,wnl^nmarbaprwermr~sel^simaiao-a^sani^~enainap otary ec, State of California way acts, or Is inlafdatl m an, az a Subsihaio I« the advice on an ahpmoy. The prlpler does irol make eay wadeery. either exp,sss a im6iietl az lp the legal valitliry of any provision w the ~~~1 suilanaiy os mesa mrma In a^r S~H~ tra~aCro^~ My commission expires Cowdery's Form No. 32 -Acknowledgement to Notary Public -Individuals - (C.C. Sec. 1189) - (Rev. 1183) `74~""+F G~~~ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 18th day of "First Party", as identified in item (a) of Exhibit 1 COUNTY OF BUTTE, a political subdivision of th called "Second Party". WITNESSETH Septem~el9 90 , by and between of this Agreement, and the e State of California, herein 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 1; 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 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 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: I. 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. Comply with the requirments of Fish and Game letter of January 30, x990. 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 .f; ? g.o_~~s~s 1 1 r r ~~ EXHIBIT 1 r` Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Wiggo Wake (b) The property is now zoned: "U" (Unclassified) & S-H (Scenic Highway) (c) The zoning reclassification of the property is from its present zoning to: FR-5 (Foothill Recreational - 5 acre parcels) (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Wiggo Wake, 4520 Carousel Way, Paradise, CA 59949. (e} The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-5 (f} "Property", as used in this Agreement, includes: All that certain real property situate in ~ the State of California, County of Butte, described as follows: All that portion of the S 1/2 of the SE 1/4 of the NW 1/4 and the E 1/2 of the SW 1/4 and the W 1/2 of the W 1/2 of the SE 1/4 in Section 7, T2IN, R4E, MDB&M, lying westerly of the centerline of the Oroville-Pentz Road, as described in that certain right-of-way deed conveyed to Butte County, recorded October 9, 1925, in Book 195 of de eds, Page 306, Butte County Records, and easterly of the easterly line of that certain parcel of land described in the deed from Earl R. Herring, Et Ux, to the County of Butte, recorded May 9, 1973, in Book 1834, Page 564, official r ecord s. 9 ~N® ®F ®®CUIVIENT