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Home My WebLink About91-071,:.. , ~!-4~~~89 ~~ ~ , . *~~ '~~ S UPF ~ ~~ .*!~ .. ,,~ ` ~r ~' .~ ':~: -- • ~~ I ~. ~~' ~: BOARD OF SUPERVISORS •* ~ ? *~ ~ y COUNTY OF BUTTE, STATE OF CALIFORNIA : ~ . ~. ~ 1~ • L'OUx~.}+ +~*~ ~esolufion No. 91-71 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RORY COURTAIN 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: RORY COURTAIN 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 18th day of June, 1991, by the following vote: AYES: Supervisors McInturf, Fulton and Chair Doan NOES: None ABSENT: Supervisor h1cLaugh] i n NOT VOTING: None ~ 7AN)~ DOLAT~ CHAIRMAN Butte County Board of Supervisors ATTEST: WILLIAM H. OLP ,Chief Administrative Officer and Clerk of the d BY ~:-- t 9 f -~744~69 I Total . 00 I Recorded I O~ticial Records i County of 1 Butte Candace J. Grubbs I Recorder I 8:02am 21-Oct-91 I FM 5 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 18th day of June , 19 91, 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 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 l; 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 determained 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 alI the following conditions: 2a. Contact the Department of Anthropology, California State University, Chico, to request a records check to determine the archaeological significance of the site and whether any additional mitigation measures are necessary. 2b. Require automatic fire suppression sprinkler systems be installed in all residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes. NFPA Standard 13D. The purpose of the installation of sprinkler systems is for additional safety and property protection in the event of residential fires. This installation will reduce the demand for structural fire protection services in those instances where they are installed. 2c. Require all homesites, roadways, and grading in the zone shall be located i ~'+'s T U below the 720 feet elevation level. 2d. Provide an asphalt public roadway at Circle J Road and State Route 191 (Clark Road) to mitigate traffic hazards caused by an increase in conflicting turning movements. 2e. Place a dust binder an Circle J and royal Mountain Roads to reduce dust and traffic impacts caused by increased traffic generation. 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 Secand Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the pravisions 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, ar 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 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 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. STATE QF CIIt.iFf~N1A COU~lTY ~ ~ ~BSCRIBBD Y(ORpPF i80~~ `~~,'"'' ~~~ OFFICIAL SEAT MURRAY S. SHERMAN '~- . Notary Public-Cczllfornta :~e~ ~ ~ ~ ORANGE COUNTY ~ ' ,~r ~..,,o~~,~ My Commission Expires Juna 23, 1992 J ~ I -~~~289 -~ EXHIBIT T Agreement {a) "First Party", as used in this Agreement, includes each and all of the following: Rory Courtain. (b) The property is now zoned: "U" (Unclassified) (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: Rory Courtain, 15224 E. Stafford Street, City of Industry, CA 91744-4418 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-5 (f) "Property", as used in this Agreement, includes: Being a portion of the W 1/2 of Section 10, T21N, R3E, MDB&M more particularly described as follows: Beginning at the SW corner of the N 1/2 of the SW 1/4 of said Section 14; thence along the W line thereof, N 00 degrees, 18' 43" E 579.00 ft.; thence N 89 degrees, 0T 32" E 860.00 ft.; thence S 64 degrees, 00' E 145.00 ft.; thence S 83 degrees 54' 08" E 657.74 ft. to a point an the centerline of a 60 foot wide roadway easement; thence along said centerline, S 15 degrees 02' 39" E 36.27 ft. and S 08 degrees, 02' 06" W 402.41 feet to a point on the S line of the N 1/2 of the SW 1/4 of said Section 10; thence along said S line, S 89 degrees 07' 32" W 1600.67 ft. to the point of beginning. OF l~.~UN9~~' si-w~zss ~ COUNTY OF BUTTE, a political subdivision of the~tate of California ATTEST: Clerk of the Board of Supervisors "Second the Board of ,~U~ i 8 199 ACKNOWLEDGMENT EXECUTED BY A PUBLIC CORPORATION AGENCY, DR POLITICAL SUBDIVTSIDN (Civil Code Section 1191) STATE OF CALIFORNIA) SS. COUNTY OF BUTTE ) On this 21st day of August, 1991, before me personally appeared Jane Dolan, personally known to me to be the person who executed this instrument as Chair, Butte County Board of Supervisors, and acknowledged to me that she executed said instrument on behalf of the County of Bt{ te, ~ .z~~r. OFFICIAL SEAL •- CARCrL RQACH I~ ~ ~ NOTARY PUBLIC - CALi~ORNIA ' 5. V.' ~~ BUTTE COUNTY ~.~.r, ``~y - n+ly comm. exp€res AUG 7, 1992 i 62 2R2 {indivkdwq Rar. 1183 Carol Roach, Notary Public STATE OF CALIF~O~RNIA~ ~ /~~ ~ SS, ~ S ~~ f ~v 2~~~. ,S~ ~ . .. .............. in the year 19--- ----... be ar me.......--------• -----.....-------.... ---- . da a . ~~-• ...---•- On this-----------------•-----.....------- Y .~--•--..-- ....... _ a Notary Public for the State of California, personally appea`r~-e ---••-.---------••- p-}-.~ - - ... --- -••-•-• -- -t-• ~~-~-• ------------------- -~6~--1--t-•~•.~. ._......---------•• ------••-•-----••-•-- Oft~icial Seal -- personally known tome (or proved to me an the basis of satisfactory evidence) to 6e the person(s) whose name(s) .....(-~ subscribed to this instrument, and ar- knowledged that ....he.... executed it. . s.v -. OFF[C€A€.5EA€. ' /~ ~m~nnnV C SW~i71V1AkV