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HomeMy WebLinkAbout91-013~ .:: .~ o ,~' f • .. ~.~ ., - •. . .p; ,~. ~r~n'. BOARD QF SUPERVISORS ~* .* ~~ COUNTY OF BUTTE, STATE OF CALIFORNIA • ,~~ G +~'•: COUN'S :+'+~ Resolution No. 91-13 RE90L1:TIION POR AN AQtFF119ETTI' REIATING'IO RDQA~SSIEICAT[ON OF 7:ONE POR GOLD BEACH AVIATION BE TT 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: GOLD BEACH AVIATION 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 29th day of January 1991, by the following vote: AYES: Supervisors hlcInturf, Campbell, McLaughlin, Fulton and Chair Dolan NOES: None ABSENT: None NOT VOTING: n sJANE_©OLAN ,CHAIRMAN ~Butte~County Board of Supervisors ATTEST: WILLIA11~1~ .RAND H, Chief Administrative Officer and Clerk o and $y ~i=U ~-f'l.rr~~ ~ Q~ `~ 1-t30SO44 T o t a 1 . QO Recorded , Official Records County of , Butte , Candace J. Grubbs ; Recorder , 8:02am 8-~'eb-$1 JJ 7 3 l CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this ~~ day of ~~ _ , 19°! ~ , 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 (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit I; 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 I; 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 ma#ter 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 following conditions: 2a. A deed restriction to be created. shall construct and comply with all the barring further division of the two parcels 2b. Only one new residence shall be placed on the site, and located as to create a clustered effect with the existing structures. ')~,,: 2c. Payment of County deer range mitigation fees. L ~ ~ Y V V ~ ~~'3 ~f "Second Party" ATTEST: f~ Cterk of the Board of Supervisors EXHIBIT ~ Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Gold Beach Aviation. (b) The property is now zoned: "U" (Unclassified) (c) The zoning reclassification of the property is from its present zoning to: FR-10 (Foothill Recreational - 10 acre parcels). (d) Notice to First Party pursuant to ,Paragraph No. 4 shall be addressed to: Gold Beach Aviation, 3$45 Lime Saddle Road, Paradise, CA 95969 (e) The change in zoning classification pursuant #o Paragraph No. 4 shall be to: FR-10 (f) "Property", as used in this Agreemen#, includes: All that certain real property situate in the State of California, County of Butte, described as follows: All that portion of the following described property lying E of the easterly line of Silvers Court, formerly Oroville-Pentz Road, from Oroville via Pentz to Magalia, and W of the westerly line of Lime Saddle Road (formerly Nelson Bar Road), of the following described property: The SW 1/4 of the NE 1/4; the S 1/2 of the SE 1/4 of the NW 1/4; the E 1/2 of the SW 1/4; the NE 1/4 of the NW 1/4 of the SE 1/4; the SE 1/4 of the SW i/~€ of the SE 1/4 and the W half of the W 1/2 of the SE 1/4, all in Section 7, T21N, R4E, MDB&,M. Excepting therefrom all that portion and being more particularly described as follows: Beginning at a point in the N line of the SE 1/4 of the SE 1/4 of the NW 1/4 of said Section 7, said point of beginning bears S 88° 45' 55" W, 72.00 ft. from the NE corner of said SE 1/4 of the SE 1/4, of the NW 1/4 of said Section 7; thence from said point of beginning along the N line, thereof, S 88° 45' 55" W, 100.70 f#. to a point on the easterly right-of way line of Silvers Court, (formerly Oroville-Pentz Bond Highway from Oroville via Pentz to Magalia), said point being on the arc of a 380.00 foot radius curve concave to the NW; a tangent at said point bears S 11° 32' 41" W; thence along said easterly righ#-of-way and said curve through a central angle of 12° 55' 28", an arc distance of 85.72 ft.; thence S 24° 28' 09" W, 189.02 ft.; thence along the arc of a 524.00 foot radius curve concave to the NE through a central angle of 74° 22' 34", an said right-of--way, N 33° 44' 30" 224.80 ft.; thence N 22° 24' 43" 1$0.41 ft.; thence N 18° 00' 00" W, ft. to the point of beginning. arc distance of 675.02 ft.; thence leaving E, 112.43 ft.; thence N 14° 42' 01" W, E, 199.96 ft.; thence N 3b° 46' 24" E, 200.00 ft.; thence N 57° 50' S5" W, 71.84 Also excepting therefrom all that portion described as follows: All that portion of the NW 1/4 of the SW 1/4 of the NE 1/4 of said Section 7 lying westerly of the Nelson Bar Road, as said road is described in deed from J. G. Curtis to the County of Butte, dated August d, 1925, and recorded August 10, 1925, in Book 195 of Deeds, Page 306, Butte County Records. Also excepting therefrom, all that portion as described in deed to the County of Eu#te, recorded rune 5, 1973, in Boak 1840, Page 152, official records. Together with that portion of Silvers Court as described in abandonment recorded November 20, 1986, under Butte County Recorder's Serial No. $6- 41517, and recorded August 26, 19$7, under Butte County Recorder's Serial No. 87-30984 lying easterly of the following described line: Commencing at the existing intersection of the centerline of Silvers Court with the centerline of Pentz Road, thence southerly along the centerline of said Silvers Court, 2,120 ft. more or less to the southwesterly projection of the most southerly property line of that certain parcel of land described and recorded in the office of the Recorder of the County of Butte, State of California, in Book 2995, Pages 443 and 444, official records on October 8, 1984; thence continuing southerly along said centerline far 70 ft. more or less, to the true point of beginning; thence continuing southerly along said centerline for 2,640 ft., more or less, to its intersection with the easterly right-of--way line of Pentz Road as it exis#s today, and the end of the described line. Q.~ --~~Q1#~ 2d. Conformance to fencing standards as presented to the County by the Department of Fish and Game. 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 instruc# 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 sl~=all 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 l 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 Secand 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 interes# 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. `~ STATE aF CALIFORNIA ~ lss. {~ ~ .~- ~ ~ ~ ~} E} ~~ COUNTY OF ~ x.lt_ 1~ ~~ ___ } t+ On ~ _ ~ c~~_~~ ..~, ~ , before me, the undersigned, a iVotary Public m and for . ~ said State, personally appeare ~ ~--~ ~ :'*~'~; ~ ~' a' 'r ' on• ' 'of ,the '~ proved to me on.fh~,•' ~. ~. basis of satisfactory evidence) to be the persons who executed the within instrument as _ ~', t ~ `•: ., r _ ` a , on behalf of ~~ ~-~-~ ~ ,'~ ~ E President ~ • ~ ~ , •; U ~ the corporation therein named, and acknowledged tomethat ~~~~~~~~I~~~l~7f~E(~~~~~.~_~~~~~ ~.~ ~' .. ; ~ ~~..: B¢~.rd ~ of such corporation executedthewithininstrumentpursuanttoits ~ ~~~'~'~~~ A L`f3LSl..I~~~,'~ ~ ~ ~{,I 2 n ~ ~~ NCjTARY Pl3liL1G-CAf.1FORtV1A '` ~ ; ~~`~ ~ ~3~~ } by-laws or a resolution of its board of directors. !A , Butte County _ m WITNESS my hand official seal ~ p1EyCornmisslonExplresOct•$EI,iJ9~ ~ o _.. ~ ®ireleYS~s~gl®fr®ms~®~a>ea>e~f~,e~~ "c°q Signature ~ ~ ~~ (this area for official notarial seal) ~~tu of oocu~w~~ar