HomeMy WebLinkAbout91-0259 1 - t 4033 ~_
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r
;ca: '~~ BOARD OF SUPERVISORS
s* ~; ' *~ COUNTY OF BUTTE, STATE OF CALIFORNIA
'+~ L'OUN"~,+' Resolufion No. 41-25
RESOIIJIION 1~R AN AGREII~II~TT RELATING' TO RECLASSIFICATION OF 7ANE POR
BRUCE OLIVER
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:
BRUCE OLIVER
and to do and perform everything necessary to carry out the puzpose of this
resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors on the
26 day of February, 194.1, by the following vote:
AYES: Supervisors McInturf, Campbell, McLaughlin, Fulton and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: r('Io1~C \~
AP OOLA~'., Chairman.
Butt County Board of Supervisors
ATTEST: WILLIA .RAN LPH, Chief Administrative
Of£'icer and Clerk oard
HY~~~~
9 t -~D 14033
Recorded
Official Records
Gounty of
Butte
Candace J. Grubbs
Recorder
8:Q2am 11-Apr-92
Total .QO
JJ b
~.
B CE OLIVER
COUNTY OF BUTTE, a
political subdivision of
the State of~lifornia
ATTEST: ~
Clerk of the Boar of
Supervisors
~h~ai erson"of the Board
of Su rvisors ~~B 2 6 ,1991
"Secon Party"
STAx'E of CALiFpRN7.A }
s.^, .
courrTY o~ Butte }
^~^~rN^^IrE^^r^^^^^^^^^~
# REBECCA ARNOLD ~
~ !~0'r~gr~~,taranu ^
^
~ ^
^ ~ ~ 2 t893 ^
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^^^^^^^R^^^^^^^^^^^^^~
()n t-t,.i.s _ 3rd rl~y ~£ April , l 9 91
br~fore mr, tf,e under:,igned, a Notary Public+
in and for said State. personally appeared
Bruce Oliver ----------___---____--
l~nr^c~ue,t.ly knr,wn t;o me (or. proved to me an
t:hc 1>:,s Ls cf s:tti s fxctr~r.y ,evidence} to he
the pc~tsr~n who^e r,arnr_ 18 ___ s„bscr. ibed
t.c t't+r! w.i.thi.n inst mc~nt, anci acknowledged to
mr_ tt,at: ___he_~ a cul. ~d it.
wlTNrss m Iran, and r fff3.ci se l .
f
indiv3.dua! Acknowledgment ~ _ _ _
N y Puh>-.ic a.n and for said State
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this 26th day of February 19 gl. 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 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 But#e.
'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
fallowing conditions:
2a. Limit new driveway grades to 10%.
2b. Install culverts where roads and driveways cross natural
drainage channel.
2c. Install rock riprap and man-made roadside drainage to minimize
water velocity and trap sediment. This shall include existing
drainage channels.
drainage channels.
2d. Designate a 10U foot n-development setback from the top of the
bank of Little Chico Creek. No structures, vegetation removal,
ar soil disruption will be allowed in this zone.
2e. Automatic fire suppression sprinkler systems shall be installed
in all new residentia[ structures in accordance with the
National Fire Protection Association Standards as outlined by
Article I3d to aid in the detection and control of reside ntial
fires and thus provide improved protection against injury, life
lots, property damage, and reduce the demand for County fire
protection services.
2f. 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 viaiates 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 ar 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 Ite m (d) of Exhibit i. 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.
G. 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.
~i-1#033 `~
EXHIBIT i
Agreement
{a) "First Party", as used in this Agreement, includes each and all of the
following: Bruce Oliver
(b) The property is now zoned: "U" (Unclassified)
{c) The zoning reclassification of the property is from its present zoning to:
TM-10 (Timber Mountain - 10 acre parcels)
(d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to:
Bruce Oliver, P.O. Bax 3G1, Chico, CA 95927.
(e) The change in zaning classification pursuant to Paragraph No. 4 shall be
to: TM-I.U
{f) "Property", as used in this Agreement, includes:
Parcel III as shown on that Parcel Map of Record in Map Book S5 on Pages 4
and 5 on file in the affice of the Butte County Recorder.
END OF DA~CUMEN'~°