HomeMy WebLinkAbout91-036
BOARD OF SUPERVISORS
COUNTY OF BUTTE; STATE OF GALIFORNlA
Resoluf~on X10.91-36
-•...,,
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR GARY AMERINE
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:
GARY AMERINE
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 2nd
day of Apri T 19',gl; by the following vote:
AYES: Supervisors h1cInturf, Campbell, 1=ulton and Chair Doran
NOES: None
ABSENT: Supervisor McLaughl i n
NOT VOTING: None _ (~
DOLA'2V, CHAIR
Butt County Board of Supervisors
ATTEST: WILLIAM H. OLP ,Chief Administrative
Officer and Clerk of e Bo d
By ~ ~
91-414432 ~ Total .00
Retarded
Official Records
County of
Butte
Candace J. Grubbs
Recorder
. 8:02am 11-Apr-91 ~ JJ 5
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this 2nd day of Agri 7 , 1991 , by and between "First
Party", as identified in item (a} of Exhibit I 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 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 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:
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. The applicant shall provide for all of the mitigation measures listed in Exhibit
"A" at the time of the Tentative Map submittal.
2b. The fallowing items shall be identified on the tentative map and approved
by the Department of Fish and Game and Planning Department prior to
approval of the map: a. expected homesite, access routes. b. topographic
contours - 5' intervals. c. Spring areas. d. Riparian areas. e. All sidalcea
robusta, Quercus lobata, and Minulus glaucenscens plant species on-site. f.
Seeps.
2c. Comply with the Butte County Mosquito Abatement requirements.
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 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.
GARY AMERINE
~6 TY OF BUTTE, a political
subdi 'sion of the State of California
By
Chairperson of the Board
of Supervisors
"Second Party"
ATTEST: ` - ~
Clerk of the Board of
Supervisors
~~~~03~ ~
EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of the following:
(b) The property is now zoned: "U" and S-H.
{c) The zoning reclassification of the property is from its present zoning to: FR-5.
(d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Gary Amerine,
1172 Edinburgh Road, San Dimas, CA 91773.
(e} The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-5
(f) "Properly", as used in this Agreement, includes:
All that certain real property situate in the State of California, County of Butte, described
as follows:
The NW 12/4 of the NE 1/4, lying E of Clark Road as the same existed on January 1,
1960, in Section 15, and the SW 1/4 of the SE 1/4 lying E of Clark Road as the same
existed on January 1, 1960, of Section 10, T21N, R3E, MDB&M.
Excepting therefrom any portion that lies within the boundaries of those certain deeds to
the County of Butte, recorded in Book 288, Page 42, Official Records, and in Book 820,
Page 586, Official Records.
Also excepting the westerly 350 feet measured from, and parallel with the centerline of
Clark Road as the same existed on January 1, 1960.
STATE OF CALIFORNIA )
:ss
County of Las Angeles;
On this 28th day of Mareh, 1.991, before me, the undersigned, a
Notary Public in and for said State, personally appeared GARY
AMERINE personally known to me fer-g~e~*ed-te-me-en-tke-basis-ef'
sa~isfaetery-e~rid.enee3 to be the person whale name is subscribed
to the within instrument and acknowledged that he executed the
same.
WETNESS my hand and official. seal.
~~ ~~ . OFFICfAL Si=P,L i~.
MARGAR~f R. PROTfEAU
~' Notary Publio-~Calitornia
``
•vn ~ i.QS ANG£t.E5 CAUNTY
My ~~m. ~. ~~ zs, iss~ GAR R . PROT EAU, Notary Public
My Commission Expires: June 21, 1.991
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